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Judge rules life-sentenced prisoner cannot force prison to serve Vegemite

A Supreme Court judge dismissed an appeal by Andre McKechnie, finding that the 2006 ban on the yeast spread in Victorian jails remains lawful despite claims of cultural loss.

By Tariq Carter ·

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The conflict over a jar of brown paste ended on Monday when a Victorian Supreme Court judge ruled that a life-sentenced murderer does not have the right to demand his favorite condiment in prison. Andre McKechnie, 54, spent years fighting to overturn a rule that has kept Vegemite off the canteen menu in the state's jails since 2006. The court rejected his final bid to restore the item to the prison diet.

McKechnie argued that the ban violated his right to enjoy his culture as an Australian. He filed the case against the Department of Justice and Corrections, the agency responsible for operating the state's prison system. His legal team claimed the restriction breached legislation requiring prisons to provide food that helps inmates maintain their health and well-being. The judge reviewed these arguments and found that the department had not proven otherwise, but the appeal failed on the central cultural claim.

In her decision, the judge noted that a prisoner's cultural rights are limited by the fact of their sentence. "Cultural rights are limited primarily by the fact he has been sentenced to a term of imprisonment," the judge wrote. This ruling confirms that the state can restrict certain cultural foods if there are operational reasons for doing so, even if those foods are central to national identity.

McKechnie received a life sentence for fatally stabbing a property developer in Queensland during the 1990s. He served part of his time in Queensland before authorities transferred him to Victoria. The prison ban in Victoria is not unique, as jails in Queensland, South Australia, and Tasmania also prohibit the spread on their menus.

Corrections Victoria provided evidence during the hearing explaining why the ban exists. Officials stated that the strong-smelling paste can be used to hide contraband substances or to brew alcohol while inmates are in custody. A key issue was the impact on security dogs. The court heard that the odor of Vegemite can distract sniffer dogs, making it harder for them to detect drugs being brought into the facility.

Vegemite has a long history in Australia, first appearing on shop shelves in 1923. It was invented in Melbourne as a local alternative to Marmite, a British spread. While many Australians view it as a breakfast staple, it has occasionally sparked controversy. Last April, an international dispute arose when an Australian cafe owner in Canada was told to remove jars of the product because it did not meet local health regulations. Prime Minister Anthony Albanese intervened in that dispute, calling it odd that Canada sold Marmite, which he called Vegemite's "rubbish" rival. The cafe owner was eventually allowed to keep selling the spread.

The ruling leaves the 20-year ban in place for all Victorian prisons. McKechnie will continue his life sentence without the condiment, and the Department of Justice and Corrections can maintain its current food policies regarding the yeast-based product.

Source: BBC News

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