Australian court rules prisoner has no human right to Vegemite

The Supreme Court of the Australian state of Victoria on Monday rejected a prisoner's attempt to overturn the ban on Vegemite in the state's prisons. Vegemite is a salty, yeast-based spread with a polarising taste. The ruling means the prohibition stays in place.

Andre McKechnie, who is serving a life sentence for murder, sued Victoria's corrections department. He argued that being refused Vegemite breached his human right to "enjoy his culture" as an Australian. He told the court that without it he felt deprived of practising his culture, sad, and disconnected from his family and community.

Reasons for the ban

Vegemite has been banned in Victorian prisons since 2006. According to Corrections Victoria's list of contraband items, the concern was that it interfered with narcotic detection dogs. Its yeast content also meant it could potentially be used to brew alcohol. Prison authorities and the commissioner did not accept that the Corrections Act or the state's human rights charter gives prisoners a right to consume it.

The court's findings

Justice Claire Harris said Vegemite might be regarded as part of Australian culture and that the charter might extend to certain foods. However, she found the ban was a proportionate measure, directly related to prison authorities' statutory obligations on management, security and good order of the prison and the safe custody and welfare of prisoners. The court also found no infringement of his right to food adequate to maintain a prisoner's health and wellbeing.

Background

McKechnie was convicted and sentenced to life in prison for the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He was moved to a Victorian prison 10 years into his sentence. Queensland, South Australia and Tasmania also ban the spread, while New South Wales allows it in its correctional centres.

Vegemite was first developed in Melbourne in 1923 as an alternative to the UK's Marmite. It is a breakfast staple for many Australians. Bega bought the brand from US-based Kraft in 2013.