Racism in the criminal legal system: standing up for justice

The criminal legal system should protect people’s rights and safety. Instead, for many First Peoples it can cause harm – from unfair bail decisions and over-policing to unsafe custody conditions and avoidable deaths.

Listen to your racism in the criminal legal system episode here

Episode overview

In this episode of Know Your Rights, Jedda Costa speaks with Flick Chafer-Smith and Ali Besiroglu about the case of Veronica Nelson and the wider patterns it reveals. Veronica’s death, one of over 600 Aboriginal and Torres Strait Islander deaths in custody since the Royal Commission more than 30 years ago – exposed failures across policing, bail, prison healthcare and court practice.

Flick shares the reality of living through the system and the role of community-led programs in supporting change, while Ali sheds light on the deeper historical context, explaining how colonisation, dispossession and the criminalisation of First Nations people created the conditions for the mass incarceration we see today. Together, they highlight how these systemic issues continue to affect First Nations people and why accountability, reform and community-led solutions are essential.

Guests featured in this episode

Flick Chafer-Smith – Ngarrindjeri and Indigenous Arts Officer with The Torch. Flick speaks about being incarcerated, the trauma of prison life, and how programs like the Torch and Baggarrook supported her transition out of custody.

Ali Besiroglu – Director of Legal Services, Victorian Aboriginal Legal Service (VALS). Ali has represented families at coronial inquests and outlines the legal failures in Veronica’s case, the Charter Rights that were breached, and why systemic reform is essential.

Know Your Rights is narrated by journalist Jedda Costa — a proud Wemba Wemba, Yorta Yorta, Mutti Mutti and Barapa Barapa woman with many years’ experience covering Indigenous stories

In this episode you will discover:

The historical context: Veronica Nelson’s death sits within a pattern of over 600 First Nations deaths in custody, showing long-running racial injustice.
How colonial structures and over-policing increase the likelihood of harmful contact with police.
The lived effects of the system: fear of police, lack of understanding about legal rights, and the harms of remand and mandatory detention.
Specific systemic failings in Veronica’s case: denial of timely medical care, blocked access to opioid substitution treatment, lack of bed-based care and failures in bail decision-making.
The coroner’s response: 51 findings and 39 recommendations — and the troubling absence of prosecutions since.
How human rights under the Charter were infringed (right to life; protection from cruel or degrading treatment; right to culture; liberty and humane treatment while deprived of liberty).
Why rehabilitation, mob-led health services and shifting funding away from punitive responses are essential.
The role of community programs (TORCH, Baggarrook) and culturally grounded courts (Koori Court) in delivering better outcomes.
Practical steps: reporting incidents, seeking VALS advice, and using community reporting tools to build evidence and push for systemic change.

Song credits:

Call It Out – David Arden
Koori Woman – Carole Fraser – Acknowledging the late Aunty Carole Fraser’s track – rest in peace pioneer and trailblazer – titled ‘Koori Woman’. We use this song with permission from family and with respect.

Protected attributes in Victoria under the Equal Opportunity Act (2010)

The following is a full list of protected attributes in Victoria under section 6 of the Equal Opportunity Act 2010:

age
breastfeeding
employment activity
gender identity
disability
industrial activity
lawful sexual activity
marital status
parental status or status as a carer
physical features
political belief or activity
pregnancy
profession, trade or occupation
race
religious belief or activity
sex
sex characteristics
sexual orientation
an expunged homosexual conviction
a spent conviction
and personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.

Find out how VEOHRC can help

Have you or someone you know experienced race discrimination? Learn how VEOHRC can support you.

You can get more information from the Victorian Equal Opportunity and Human Rights Commission, make a complaint or report
If you make a formal complaint we will take it through our conciliation process. Conciliation is an informal flexible approach to finding an outcome to a complaint
Outcomes can include an agreement to give an apology, to do cultural safety training, change policies and procedures, to keep your job or get it back, and give financial compensation
If you don’t want to make a formal complaint but want to report race discrimination, you can make an anonymous report to us through our online community reporting tool
If you think you may have experienced race discrimination you can contact the Victorian Equal Opportunity and Human Rights Commission Monday to Friday to speak with an inquiry officer on 1300 292 153
All our staff are specifically trained to support First Nations people when they are seeking information or making a complaint.

Download the transcript here

Transcript – Racism in the criminal legal system standing up for justice(DOCX 57kB)

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https://cms.humanrights.vic.gov.au/?page_id=13773&preview=true