McKechnie cites cultural rights; Harris says incarceration made him unhappy

On Monday, Andre McKechnie challenged the Victorian ban and asked the state’s Supreme Court to allow Vegemite into his high-security prison cell. McKechnie had been found guilty of a 1994 murder in Queensland, and Justice Claire Harris heard his case against correctional authorities in Victoria.

McKechnie said his wellbeing and cultural identity depended on access to the salty breakfast spread. He argued that the denial infringed his cultural rights as an Australian; the Australian Broadcasting Corp. and BBC reported that Harris ruled against that argument.

In his appeal, McKechnie wrote: “Vegemite has been a food that I associate with family, my family home, and my home Australia.” He also wrote: “I consider Vegemite and my consumption of Vegemite an integral part of the practice of my Australian culture.”

Harris countered that the absence of Vegemite was not what was making McKechnie unhappy; his incarceration was. She said the state was justified in banning the food.

In her decision, Harris wrote: “It is demonstrably justified by the reasons identified by [Victoria], which are directly related to the discharge of prison authorities’ statutory obligations, including those relating to the management, security and good order of the prison and the safe custody and welfare of the prisoners.”

She concluded: “The specific refusal to permit Mr. McKechnie to have access to Vegemite … is reasonable and demonstrably justified.” The ruling rejected McKechnie’s cultural-rights claim and left the specific refusal in place.

Vegemite has been banned in Victorian prisons since about 2006. Prison officials said its strong odor confuses drug-sniffing dogs and that prisoners can use the spread to speed up the process of making “home-brew” alcohol.

Vegemite has been made in Port Melbourne, Australia, since 1923, when it was developed by Cyril Callister of the Fred Walker Company. The spread is made from brewer’s yeast and was originally labelled as “Pure Vegetable Extract,” according to its official history.

Bega Cheese Limited, the brand’s owner, said: “It’s completely woven into the fabric of our nation — it isn’t just owned and made in Australia; it tastes like Australia.”