Warning: This story contains graphic content, and the name and images of a deceased Indigenous person.
An Indigenous woman who died in custody was denied bail after a police officer mistakenly ticked a box on a form stating she was a danger to others, despite her having no history of violence.
Donna Nelson (centre left), mother of Veronica Nelson, with family and friends at a smoking ceremony before the inquest into her daughter’s deathCredit:Joe Armao
Senior Constable Rebecca Gauci filled out the bail and remand form soon after Veronica Nelson was taken in for questioning, on allegations of shoplifting and bail offences, on December 30, 2019. But an inquest into her death has been told the form was “riddled with mistakes”.
Under questioning on Wednesday from barrister Rishi Nathwani, representing Nelson’s mother, the officer admitted errors including ticking a box on bail and remand paperwork that indicated the 37-year-old would continue to “endanger the safety or welfare of a person”. This is despite Nelson having no history of violence.
Other boxes were also mistakenly ticked or left off, the inquest heard.
“It’s a document riddled with mistakes, do you agree?” Nathwani asked.
Veronica Nelson died in custody on January 2, 2020.
“Yes,” the officer replied.
Soon after it was completed, the form was presented to Melbourne Magistrates’ Court, where Nelson was ultimately refused bail and remanded in custody. She died three days later in a cell at the Dame Phyllis Frost Centre.
Similar errors in box ticking of bail and remand paperwork were highlighted during the 2019 inquest into the Bourke Street massacre that left six people dead in January 2017.
That inquest was told a senior constable at St Kilda police station included wrong answers to questions about whether killer James Gargasoulas was a safety risk to the public or likely to reoffend while on bail, six days before the tragedy. He was subsequently released.
A video released during the inquest showing Nelson inside a maximum-security prison cell.
Earlier this week, the Coroners Court was told Nelson had been arrested outside Southern Cross Station before she was taken to Melbourne West police station, where she interacted with various police including Gauchi.
Coroner Simon McGregor is hearing a five-week inquest into Nelson’s death after it was revealed she had unsuccessfully applied for bail on her own at Melbourne Magistrates Court, without legal representation, before being held on remand.
At the Dame Phyllis Frost Centre, she buzzed for help multiple times before being found dead in her cell on January 2, 2020. An autopsy found she had Wilkie syndrome, which restricts a person’s arteries and can cause dehydration, among other issues.
The coroner heard on Tuesday that during her attempts to seek help using the prison intercom in her cell, she was told the buzzer was for emergencies only. He also heard that, at various times, no one had keys to her cell.
Nelson was one of 505 First Nations people to have died in custody since findings from the Royal Commission into Aboriginal Deaths in Custody were handed down in 1991.
The inquest continues.
Images and audio contained in this story were released to the media with permission from the family. For 24/7 crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76).
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