DPP Martin Hinton QC apologises to Joanne Lillecrapp’s brother Ron

The state’s top prosecutor has issued an unprecedented public apology to the brother of murder victim Joanne Lillecrapp.

The state’s top prosecutor has apologised for failing to tell a murdered woman’s family of their right to fight the killer’s release – but not for repeatedly editing their victim impact statement.

However, Director of Public Prosecutions Martin Hinton QC has conceded “the best intentions are not always achieved” in his office’s handling of victims’ expressions of grief and loss.

In an unprecedented public statement, the ODPP said sorry to Ron Lillecrapp, whose sibling Joanne was murdered, beheaded and dismembered in 2001.

It followed The Advertiser revealing it, not prosecutors, informed Mr Lillecrapp of his right to give a victim impact statement against parole-seeking killer Nicole Therese Courcier McGuinness.

Director of Public Prosecutions Martin Hinton QC.

“It is regrettable that Mr Lillecrap was not contacted first by the ODPP regarding his right to provide a victim impact statement,” it said.

“Prosecutors should have turned their minds to the interests of Mr Lillecrap and any, and all, other victims in the application immediately.

“The Director apologises … he is satisfied, however, that this was an oversight and was not reflective of a systemic failing.”

The Advertiser also revealed Mr Lillecrapp’s victim impact statement was edited twice by prosecutors, and once by defence counsel, before it was read in the Supreme Court.

Ultimately, McGuinness – who blamed her parole breaches on “Googling her name” and seeing media coverage of the case – received a backdated 12-month non-parole period.

In its statement, the ODPP said it would not comment further on McGuinness’ case but noted the complexities of assisting victims in preparing for court.

It also noted judges had the right to “order irrelevant material” in a victim’s statement “not be read, played or taken into account”.

Ron Lillecrapp. Picture: Brenton Edwards

Joanne Lillecrapp.

“The input that prosecutors and witness assistance officers may have varies … in many cases it is nil,” it said.

“In others it may be significant, depending upon the victim’s attitude and needs … statements are personal to each victim, hence they are highly variable in their content.

“Because of this, prosecutors and witness assistance officers, in providing assistance in the preparation of a victim impact statement, should be careful not to suppress the victim’s own expression of the impact upon them of the injury, loss or damage caused by the offender.”

It said prosecutors also sought to avoid “compounding a victim’s trauma” by arguing, in court, over the contents of their statements.

“Whatever approach is taken, the intention is not to dilute or suppress the victim’s own expression of the impact upon them of the injury, loss or damage caused by the offender,” it said.

“As with most judgment calls, the best intentions are not always achieved.”

Mr Lillecrapp told The Advertiser he had received a call from the ODPP and would speak with Mr Hinton at a later date.