Supreme Court rejects prison Vegemite claim

The Victorian Supreme Court dismissed Andre McKechnie’s legal challenge on Monday, confirming that prisoners in the state do not possess a statutory right to consume the yeast-based spread.

McKechnie, a convicted murderer, argued that the refusal to provide Vegemite violated his human right to enjoy his Australian culture. He told the court that without the condiment, he felt "deprived of being able to practise my Australian culture, sad and disconnected from my family and community."

The court found no infringement of the right to adequate food under the Corrections Act. Justice Claire Harris stated that while the spread may be part of Australian culture, the prohibition is a proportionate measure. She noted the ban is "demonstrably justified by the reasons identified by the (state)."

Victorian prisons banned Vegemite in 2006 due to operational concerns. Corrections Victoria lists the item as contraband because its scent can interfere with narcotic detection dogs. The yeast content also creates a risk that inmates could use it to brew alcohol.

Harris concluded that the specific refusal to permit McKechnie access to Vegemite was reasonable. The decision aligns with the statutory obligations of prison authorities regarding management, security, and the safe custody of prisoners.

McKechnie has served a life sentence for the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He was transferred to a Victorian facility ten years into his sentence. While Victoria, Queensland, South Australia, and Tasmania ban the spread, New South Wales still allows it in correctional centres.

The product, first developed in Melbourne in 1923, was acquired by Bega from Kraft in 2013. The ruling ends McKechnie’s bid to reverse the policy that has remained in effect for nearly two decades.