Australian Prisoner Challenges Vegemite Ban as Violation of Cultural Rights

Vegemite has been prohibited in Victorian prisons since 2006.

Melbourne, Australia:

A 54-year-old convicted murderer, Andre McKechnie, has initiated legal action against an Australian state's prohibition on prisoners consuming Vegemite. In his Supreme Court of Victoria lawsuit, he argues that denying access to this distinctive yeast-based spread violates his human right to "enjoy his culture as an Australian."

Court documents released to The Associated Press on Tuesday reveal that McKechnie is suing Victoria's Department of Justice and Community Safety along with Corrections Victoria. The trial is set to proceed next year.

McKechnie seeks a court declaration that the defendants have infringed upon his right under the Charter of Human Rights and Responsibilities Act to experience his Australian cultural heritage. Additionally, he requests acknowledgment that the defendants breached the Corrections Act by "failing to provide food adequate to maintain" his "well-being."

His petition asks the court to mandate that the decision banning Vegemite be "remade in accordance with the law."

Corrections Victoria implemented the Vegemite ban in 2006, citing that it "interferes with narcotic detection dogs." Previously, inmates would spread Vegemite on illicit drug packages, hoping its strong odor would distract detection dogs from contraband.

The prison contraband list also notes that Vegemite contains yeast, which is prohibited due to its "potential to be used in the production of alcohol."

Manufactured in Australia since 1923 as a British Marmite alternative, Vegemite has long been promoted as a vitamin B source for growing children.

While most Australians cherish this spread, those not raised consuming it typically consider it an acquired taste. Former U.S. President Barack Obama once described it as "horrible."

Australian band Men at Work sparked international curiosity about this yeast-based product by mentioning a "Vegemite sandwich" in their 1980s hit "Down Under." Lead singer Colin Hay has criticized American consumers for applying too much Vegemite, attributing this to a "more is more" American approach.

Vegemite remains a breakfast toast favorite and cheese sandwich staple, with most enthusiasts agreeing it should be applied sparingly. Australian travelers often lament its limited availability overseas.

In April, the Australian government intervened when Canadian officials temporarily blocked a Toronto café from selling Vegemite in jars and on toast. This dispute, dubbed "Vegemite-gate" by media, ended when Canadian authorities relented despite the product's non-compliance with local food packaging and vitamin fortification regulations.

The Department of Justice and Community Safety and Corrections Victoria declined comment on Tuesday, maintaining their standard position that commenting on matters before courts is inappropriate.

Victims' rights advocate and lawyer John Herron condemned the lawsuit as frivolous and offensive to victims' families. "As victims, we don't have any rights. We have limited if any support. It's always about the perpetrator, and this just reinforces that," said Herron, whose daughter Courtney was killed in a Melbourne park in 2019.

"It's not a case of Vegemite or Nutella or whatever it may be. It's an extra perk that is rubbing our faces in the tragedy that we've suffered," Herron added.

McKechnie currently resides in maximum-security Port Phillip Prison. At age 23, he fatally stabbed wealthy Gold Coast property developer Otto Kuhne in Queensland in 1994. After receiving a life sentence for murder, he was transferred from Queensland to Victorian prison system a decade later.

He reported last year that he spent eight years on parole in Victoria before he "decided that I had had enough." He subsequently returned to prison and has remained in custody for the past decade.

McKechnie's legal representatives did not respond to Tuesday's request for comment.