Voluntary assisted death of alleged Bicycle Bandit Kym Allen Parsons could create legal war between DPP, alleged victims, over estate

The people allegedly robbed by the accused Bicycle Bandit could miss out financially if he legally takes his own life before trial, and the Health Minister has promised a review.

The people allegedly robbed by SA’s infamous “bicycle bandit” will struggle to claim a share of the accused man’s $2.4 million estate as victim’s compensation if he legally ends his life before his trial.

SA Health’s approval of Kym Allen Parsons for voluntary assisted dying – revealed by The Advertiser on Wednesday – has sparked legal issues beyond his impending criminal trial.

All assets belonging to Mr Parsons – who has pleaded not guilty to 13 charges – are currently frozen by court order, as prosecutors allege they are proceeds of criminal acts.

Kym Allen Parsons outside the Supreme Court. Picture: NCA NewsWire / Kelly Barnes

After his death, his $1.5 million seaside home, luxury vehicle, five bank accounts and 252kg of silver bullion would be exposed to a three-way legal war.

Prosecutors could seek to add the estate to the $200 million Victims of Crime fund, alleging they are confiscated criminal assets.

Mr Parsons’ beneficiaries may have to prove the estate is not the result of crime to regain control of whatever entitlements they are granted under his will.

The alleged victims, meanwhile, would need to hire lawyers and prove Mr Parsons was the bandit in order to stake any claim.

While state law grants them access to Victims of Crime compensation – regardless of whether the masked bandit’s identity is ever known – those payments seldom exceed four figures.

CCTV footage of the ‘Bicycle Bandit’ during one of the robberies. Picture: SA Police

Mr Parsons has pleaded not guilty to 13 offences and will stand trial in February. Picture: NCA NewsWire / Kelly Barnes

On Friday, Health Minister Chris Picton said the VAD approval process for individuals facing criminal cases would be reviewed in the wake of Mr Parsons’ case.

“We have a VAD review board in place to monitor the laws and provide advice,” he said.

“I will ask the board to consider this issue as part of its ongoing review of the operation of the program.”

The state government, meanwhile, confirmed Director of Public Prosecutions Martin Hinton KC “has indicated he has no intention of discontinuing” the criminal case.

Mr Parsons, 73, will stand trial in February on charges including armed robbery, attempted armed robbery and firearms offences.

Prosecutors allege the former SA Police officer and MFS firefighter stole more than $250,000 from 11 banks over a 10-year period, and can be linked to those crimes by DNA.

Mr Parson was released on bail – after enjoying “the best chocolate sponge cake he had ever eaten” – due to his terminal cancer diagnosis.

On Friday, Commissioner for Victims Rights Sarah Quick said survivors of crime could still make compensation claims “where a guilty plea or finding has not or cannot happen”.

Such claims would be paid out from the Victims of Crime fund.

“If the objective elements of an offence are made out, such as cases where it is clear a crime has occurred but the offender is unknown, compensation can be paid to victims,” she said.

“I encourage any victim concerned about their right to compensation to contact my office.”

Mr Picton said the state’s VAD laws were “broadly consistent with legislation around the country.”

“They allow those with a terminal illness who meet strict criteria to access voluntary assisted dying,” he said.

SA Health’s VAD criteria require an applicant to be an Australian citizen above the age of 18 with decision-making capacity who is “acting freely” and diagnosed with a disease.

That disease must be incurable, advanced, will cause death within six to 12 months if neurodegenerative, and causing the person suffering which cannot be tolerable.

An individual’s legal circumstances do not form part of the criteria.

A spokesman for Attorney-General Kyam Maher declined to comment on the issue.

“The DPP has indicated he has no intention of discontinuing proceedings against Mr Parsons,” she said.

“It would be inappropriate to speculate on hypothetical scenarios while this matter remains very much before the courts.”