CORONER HEARS OF 'GLARING ABSENCES' AT BAIL HEARING WHERE VERONICA NELSON REPRESENTED...

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Coroner hears of 'glaring absences' at bail hearing where Veronica Nelson represented herself

A lawyer says there were 'glaring absences' at a bail hearing where Veronica Nelson represented herself two days before she died in custody. The family of Veronica Nelson have granted permission to use her image. Jill Prior from the Law and Advocacy Centre for Women. who had been representing the Gunditjmara. Dja Dja Wurrung. Wiradjuri and Yorta Yorta woman for other matters earlier in 2019. gave the evidence on the third day of a coronial inquest. Veronica. 37. was arrested for alleged shoplifting. denied bail and died from complications associated with her withdrawal from heroin in a locked cell inside the Dame Phyllis Frost women's prison in Melbourne's west in the early hours of January 2. 2020. Despite attempts by Ms Prior to arrange legal representation in her absence. Veronica faced Magistrate Cathy Lamble alone on December 31. and was unsuccessful in her bid for bail. Ms Prior described to the court her assessment after listening to recordings from the hearing in the wake of Veronica's death. 'There were glaring absences of information. including health information. particularly reference to custody management issues which would ordinarily be canvassed if somebody were to be remanded in custody.' she said. Barrister briefed. but did not represent Veronica In the lead up to the hearing. Ms Prior had contacted Victoria Legal Aid to organise representation in her absence and briefed barrister Anastasios Tass Antos about Veronica's situation over the phone. In a recording played to the court. Magistrate Lamble addressed Mr Antos during the bail hearing. MAGISTRATE: Do you represent Ms Nelson? MR ANTOS: No. but I was asked to speak with Ms Nelson and I was of the understanding she was making a bail application in person. MAGISTRATE: She tells me that she's ordinarily represented by Ms Prior ... ? MR ANTOS: Yes. from the Law and Advocacy Centre for Women. Ms Prior could not be here today. MAGISTRATE: Is she aware of Ms Nelson being in custody? MR ANTOS: Yes. she certainly is. Shortly after. Mr Antos asked to be excused. Under cross examination. he said he couldn't remember if that meant he left the courtroom for the remainder of the hearing or not. Mr Antos repeatedly said he did not recall specific details from the time and relied on statements and emails he wrote closer to the events. Court records of Veronica's movements on December 31 show Mr Antos met with her for six minutes in the lead up to the hearing. In an email update he sent to Ms Prior later that day. he described Veronica's demeanour when they met as 'quite aggressive and dismissive'. Under questioning he agreed that during the course of that meeting. he would have offered Veronica the option of representing herself at the bail hearing while advising her. In the update to Ms Prior. he also wrote that 'bail was unsurprisingly refused'. He said it was his belief that it would have been difficult for Veronica to be successful in an application for bail. 'From the best of my memory. the matter would not have been able to be resolved on the day. or alternatively there might have been high hurdles to getting bail.' he said. 'It may have been that the in person application was suggested so as not to perhaps jeopardise getting bail in the future.' Mr Antos said he had rarely represented Aboriginal people over the course of his career of more than five years practising as a barrister. 'I'd say they make up a very small proportion of the overall clients I've had.' he said. Lawyer describes 'profound' impact of death During her testimony. Ms Prior described the Aboriginal community as 'over policed'. 'There are the highest numbers of Aboriginal women in custody than ever before. and so it continues to be an issue.' she said. While giving evidence. Ms Prior broke down when asked about the impact Veronica's death had on her. 'It's profound.' she said. Yesterday the inquest heard how mistakes by police on Veronica's bail documents...

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