melbourne, australia
AP
—
A convicted murderer is challenging the Australian state’s ban on the consumption of Vegemite by prisoners, claiming in a lawsuit that withholding the polarizing yeast-based spread violates his human right to “enjoy our culture as Australians”.
Andre McKechnie, 54, has taken his fight over the salty, sticky, brown byproduct of beer brewing to the Supreme Court of Victoria, according to documents released by the court registry to The Associated Press on Tuesday. He is suing the Victorian Department of Justice and Community Safety and the agency that manages the prison, the Victorian Department of Corrections. The case is scheduled for trial next year.
Ms McKennie wants the court to say the defendants have denied her the right to “enjoy her culture as an Australian” under the Charter of Human Rights and Responsibilities.
He also wants a declaration that the defendants breached the Corrections Act by failing to provide Ms McKenney with sufficient food to maintain her “good health.”
He is asking the court to order the decision to ban Vegemite to be “reconsidered in accordance with the law”.
The use of Vegemite has been banned in Victorian prisons since 2006, as the Victorian Department of Corrections says it “interferes with drug-sniffing dogs.”
Prisoners had coated illegal drug packages with Vegemite, hoping the smell would distract the dogs from the contraband.
Vegemite also contains yeast, which is banned in Victorian prisons because it “may be used in the manufacture of alcohol”, the contraband list says.
Vegemite has been manufactured in Australia since 1923 as an alternative to the British Marmite and has long been marketed as a source of B vitamins for growing children.
Although this spread is loved by the majority of Australians, it is considered an acquired taste at best unless you grew up eating it.
The last US president to visit Australia, Barack Obama, once said: “That’s terrible.”
Australian band Men at Work sparked international curiosity about the yeast-based spread when they mentioned a “Vegemite sandwich” in their 1980s hit song “Down Under.”
The band’s lead singer Colin Hay once accused American critics of spreading Vegemite too thick and blamed American culture of “the more is more.”
It’s popular on breakfast toast or cheese sandwiches, but most fans agree it’s best spread sparingly. Australian travelers lament the lack of Vegemite overseas.
The Australian government intervened in April when Canadian authorities temporarily blocked a Toronto-based cafe from selling Vegemite in bottles or on toast in a media controversy dubbed “Vegemite Gate.” Canadians persisted and allowed the product to be sold, even though it did not comply with local regulations regarding food packaging and vitamin fortification.
Victoria’s Department of Justice and Community Safety and Corrections declined to comment on Tuesday. Government agencies generally argue that it is inappropriate to comment on issues before the courts.
Victims of crime advocate and lawyer John Herron said it was a frivolous lawsuit and one that would make the victims’ families uncomfortable.
“As victims, we have no rights. We have limited support, if any at all. The issue is always about the perpetrator and this only reinforces that,” Herron said. In 2019, her daughter Courtney Herron was bludgeoned to death in a Melbourne park. Her killer was acquitted of murder on the grounds of mental illness.
“This isn’t about Vegemite or Nutella or whatever it is. This is a special perk that rubs us in the face amidst the tragedy we’ve been through,” Herron added.
McKenney is currently being held in high-security Port Phillip Prison. He was 23 when he stabbed to death wealthy Gold Coast property developer Otto Kuehne in Queensland state in 1994.
He was sentenced to life imprisonment for murder and transferred from Queensland to a prison in Victoria after 10 years.
He wrote last year that he had “decided enough is enough” after spending eight years free on parole in Victoria state. He returned to prison and spent the past 10 years in custody.
Mr. McKenney’s attorney did not respond to a request for comment Tuesday.
