Senior constable Stephen Thomas said Day smelled of alcohol and was ‘almost unintelligible’ when they removed her from train

This article is more than 1 year old

This article is more than 1 year old

A police officer who made the decision to remove Tanya Day from the train said he was ‘just trying to look after her’ and that she smelled of alcohol and was “almost unintelligible”.

Day, a 55-year-old Yorta Yorta woman, was arrested by police for public drunkenness after being taken off the V/Line train at Castlemaine on 5 December, 2017, and died 17 days later from a brain haemorrhage caused by a traumatic head injury sustained when she fell in the police cells.

Senior constable Stephen Thomas told an inquest into Day’s death that he and his partner received a radio call about an “unruly” passenger who was drunk or drug affected on the train.

It was the night of the police Christmas party in Castlemaine.

Thomas said police were told by train conductor Shaun Irvine that there was an Aboriginal female on the train who was “unruly, intoxicated, and did not have a ticket.”

“Other people on the train had a look of disgust and it was obvious to me she made other people on the train uncomfortable,” Thomas said. He said he spoke to her but “her replies made no sense to the questions we were asking. Her words were almost unintelligible.”

He later added: “I decided that I could not leave her on the train the way she was.”

Thomas said they tried at the station to contact a family member, but were unsuccessful. As Day was directed toward the back of a police van to take her to the station, he said: “I heard her say, ‘here we go again, it’s like this is it’.

“I said to her it wasn’t like that and we were trying to look after her.”

Earlier, Irvine said he requested police attendance because Day was asleep with her feet in the aisle and was not able to respond “meaningfully” when he asked if she had a ticket or where she was travelling.

Tanya Day died in custody because of inadequate police checks, inquest hears Read more

He maintained, over two days in the witness box, that he was concerned about her “safety”, including the risk that, if she remained on the train, she might get off at an unmanned station and “slip or fall” when unsupervised.

His evidence followed a ruling by coroner Caitlin English that she would not release all the CCTV evidence before it had been played in court. English said she reserved her decision on whether to release CCTV of Day in the police cells at all, in the interest of preserving Day’s dignity. Day’s family argued for the footage to be released.

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Peter Morrissey, counsel for Tanya Day’s family, asked Irvine if his decision to call police was influenced by Day’s Aboriginality.

Irvine said he “cannot recall” whether he was aware Day was Aboriginal when he made the decision to contact police but conceded it was “possible” he had identified her as such to police.

Tanya Day died 17 days after falling asleep on a train. Now her family want answers Read more

The inquest is the first in Australia to be granted permission to specifically consider whether racism, systemic or otherwise, contributed to an Aboriginal person’s death in custody.

“Are you really being honest now when you say you don’t recall noticing she was Indigenous?” Morrissey asked.

“Yes, I am,” Irvine said.

“Is it because you’re concerned that an allegation of racism, either direct racism or unconscious racism, might be coming your way?” Morrissey said.

“No,” Irvine said.

Asked if he had any family, colleagues or friends who were Aboriginal, Irvine said he had an Aboriginal friend.

Later, under questioning by V/Line’s lawyer Ben Ihle, Irvine said he went to school with an Aboriginal boy and that he was “my closest friend for a long time.”

“What do you say to the suggestion that Ms Day’s race had any part to play in your decision making?” Ihle asked.

“I don’t believe it did, no,” Irvine said.

The inquest continues.