The sister of a man who died in custody is suing the Victorian government, claiming that it is liable for the actions of a private provider of prison mental health services, which she says failed to keep him safe from risks of self-harm.
Nazer Vukovic died by suicide in 2016 after two previous attempts. His family was not told about his other attempts until after he died.
On all three occasions, Vukovic used items bought legally from prison authorities to self-harm.
A coroner who investigated Vukovic’s death recommended the state’s department of justice review the mental health services available to inmates with a serious psychiatric conditions. The government is yet to commit to the review.
The case comes amid growing unease about the provision of health services in Victorian prisons and the adequacy of mental health care in the state.
Vukovic’s sister, Drita de Fegely, said her brother should never have died in prison.
“I believe the prison system is meant to rehabilitate people, not kill them. And my honest belief is the prison system killed him,” she said.
“My fight has been to change that system for other people, for other brothers, for other families who should not have to feel what I feel because his death was preventable.
‘I believe the prison system is meant to rehabilitate people, not kill them,’ says Drita de Fegely. Photograph: Abigail Varney/The Guardian
“Even though I’ll never get my brother back, I need to know that if … anyone else gets into this situation, they will be helped.”
Vukovic used disposable razors bought from prison to attempt suicide in April and May of 2016 before taking his own life at the Melbourne Assessment Prison in June 2016.
In findings handed down in April, the deputy state coroner, Caitlin English, said it was reasonable to expect that a vulnerable prisoner who had made two suicide attempts, such as Vukovic, would have access to means of self-harm restricted or entirely removed.
But she found no reference to his razor access, in-prison treatment, management plans or his th file.
Vukovic was on the waitlist for an acute assessment unit at the time of his death, and if he had been placed in the 16-bed short-stay facility, he would not have been able to access the razors.
English found, however, that it was clear that at the time of Vukovic’s death, there were not enough acute beds available in the prison system to meet demand.
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“The number of available beds at the time of Mr. Vukovic’s death was woefully inadequate to meet needs,” English said.
“Evidence at an inquest has shown that the gap between demand and resources remains.”
De Fegely has now lodged a civil claim in the county court. Her lawyers allege that the state government is liable for the actions of Forensicare and Correct Care Australasia, the company contracted to provide health services in Victorian prisons.
Correct Care Australasia is part of the international division of Wellpath, a for-profit company formerly known as Correct Care Solutions (CCS). Wellpath is the largest for-profit provider of healthcare in the US prison system, where it was accused of contributing to more than 70 deaths between 2014 and 2018.
In the recent inquest into the death of Yorta Yorta woman Veronica Nelson, a lawyer for Nelson’s partner accused Correct Care of engaging in a cover-up concerning her end of more than $700m in government contracts – conduct which the company has denied.
In a separate case earlier this year, a county court judge said a doctor employed by Correct Care failed to comply with a court order when he did not personally see a prisoner to assess him.
De Fegely’s lawyer, Gezime Vasic, a senior associate at Maurice Blackburn, said Vukovic’s inquest exposed a weakness in the prison’s mental health services.
“There’s a gap in the prison system with resourcing for people with mental health problems … and for the various companies and entities involved in terms of the mental health of prisoners, there’s been a definite breach of duties,” she said.
“It is a broader issue, [Vukovic is] just an example.”
A spokesperson for the department of justice declined to comment on the ongoing role of Correct Care within the Victorian prison system, on whether it would adopt the recommendations made by the coroner in Vukovic’s case, or on whether any changes had been made in how mentally unwell inmates were treated.
They said there had been increases in mental health bed capacity across the prison system as of June 2022, despite English saying the inquest had heard evidence demand was similar to that in 2016.
“The department of justice and community safety is carefully considering the coroner’s recommendations and will respond in due course,” they said.
Correct Care Australasia and Forensicare were contacted for comment.
In Australia, the crisis support service Lifeline is 13 11 14. In the UK and Ireland, Samaritans can be contacted at 116 123 or [email protected],g or [email protected]. In the US, the National Suicide Prevention Lifeline is at 800-273-8255 or chat for support. You can also text HOME to 741741 to connect with a crisis text line counselor. Other international helplines can be found at befrienders.org
