Mother vows to keep fighting for investigation into daughter's death
Rosemary Harwood says she doesn't want her daughter's death to have been in vain, vowing to continue fighting after a Tasmanian coroner said there was insufficient evidence to warrant a public inquest.
Marjorie Harwood, a transgender woman, went to Tasmania's Risdon Prison seven times for non-violent, theft-related offences.
She was repeatedly placed in the prison's male section, despite her gender identity being known.
WARNING: This story contains details about sexual assault.
Marjorie died in hospital in 2018 at age 38, after refusing dialysis treatment for chronic kidney disease.
Mrs Harwood said Marjorie refused the treatment because she was fearful of returning to Risdon Prison, where she had been subjected to multiple instances of sexual and physical abuse, rape, and intimidation.
Marjorie was facing another prison sentence at the time.
"I strongly believe that Marjorie would still be alive today if she'd been recognised by Risdon Prison as a female and housed in the female prison," Mrs Harwood said on Friday.
After Marjorie's death, it was revealed there was an official protocol for transgender prisoners, but that it was not followed.
Her death was deemed to be by natural causes, but Mrs Harwood said it should be ruled a suicide.
Following the coroner's decision not to hold an inquest, Mrs Harwood said she would continue to fight for an investigation into Marjorie's death.
In her application for a coronial investigation and public inquest into Marjorie's death, Mrs Harwood said the trigger for Marjorie to refuse dialysis was in incident at Risdon Prison in July 2017.
Coroner Olivia McTaggart, in the reasons for her decision not to allow the inquest, said, "the only possible reference to anything approaching such an incident" was contained in Ambulance Tasmania notes from October 16, 2017.
Those notes read:
"patient has had recent rectal trauma ? being raped in prison."
"The paramedics were unable to ascertain specific medical history from her, noting, 'obviously intoxicated/?psychiatric issues'," Ms McTaggart said.
"The reference to rectal trauma being caused by a recent sexual assault/rape in prison was accompanied by a question mark and was clearly speculation or emanated from information given by Ms Harwood whilst heavily intoxicated and unable to provide an accurate medical history.
"I also note that no date was mentioned regarding such an incident.
"It is inconceivable that the details of such an incident, if it occurred, would not be the subject of incident reports and notifications to treating medical and health practitioners. It is also inconceivable that Ms Harwood would not have referred to it or reported it."
Ms McTaggart said "it may well be" that Marjorie was the victim of a sexual assault or rape in a West Australian prison in 2008, and that it also appeared from prison clinical notes that she was the victim of a physical assault in May 2017.
"In any event, Mrs Harwood's current application depends upon the occurrence of an incident in Risdon Prison in July 2017," she said.
"Upon the evidence provided to me, I am only able to conclude that Ms Harwood could not and would not commit to the onerous process of dialysis.
"It is impossible to determine her exact thought processes for not accepting dialysis. The most likely scenario is that she understood the terminal nature of her condition and her inability to commit to dialysis.
"There is evidence of such reasoning process in the records.
"There is, however, no evidence at all that an alleged fear of returning to prison was a factor in her decision."
Mrs Harwood said her daughter did report abuse "and nothing was done".
"So they did let her down big time," she said.
Mrs Harwood said she was "considering her options", and that she was seeking a meeting with Attorney-General Guy Barnett.
"[I will] continue to fight for Marjorie and all other transgender people held in prison," she said.
Transgender advocate and friend of Marjorie, Martine Delaney, said she visited Marjorie in prison to offer her support.
"I asked what I could do and what intervention I could take, and Marjorie begged me not to, because of the consequences she would suffer within the prison," Ms Delaney said.
She also said many trans people were "reluctant to report anything, because they generally end up suffering discrimination from the people they're reporting to".
Tasmanian Prisoners Legal Service chair Greg Barns SC said Marjorie's case highlighted broader issues with Tasmania's coronial legislation, which he said was "too narrow".
"Vulnerable prisoners often suffer more than other prisoners, and if they are assaulted, they don't always report it.
"It is a very, very difficult issue."
A Tasmanian government spokesperson said: "The Tasmania Prison Service (TPS) has a detailed policy in place for transgender prisoners and prisoners with innate variations of sex characteristics.
"This policy prioritises safety and is publicly available online on the TPS's website.
"Any decision in relation to an inquest is a matter for the coroner."
The spokesperson did not respond to a question about whether the attorney-general would meet with Mrs Harwood, or whether a review of coronial legislation was needed.
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