‘First-of-its-kind’: Double murderer Terry Mark Donai wants transfer to women’s prison

Acting Premier Ryan Park has shut down a double murderer’s bid to be transferred to a women’s prison 19 years into their 43-year sentence, after applying to be identified as a female.

Terry Mark Donai, who now identifies as McKenzie, wants a transfer out of Silverwater men’s correctional to be admitted to a women’s prison.

A controversial application from a double murderer to be transferred to a women’s prison, amid ongoing hormone replacement therapy, is set to be quashed with the NSW Government ordering the state’s prison boss to shut down the bid.

The Daily Telegraph revealed on Wednesday that convicted killer Terry Mark Donai, who now identifies as female and has adopted the name McKenzie, made an application to Corrective Services NSW in 2023 to be transferred into a women’s prison.

However, Acting NSW Premier Ryan Park has told The Daily Telegraph the proposed transfer “won’t be happening”.

“This individual is convicted of murdering a woman,” Mr Park said. “I don’t find it acceptable, and I don’t think the community would find it acceptable.

“It won’t be happening.”

Government sources raised concern over the first-of-its-kind assessment required for the transfer application, citing the fact that Donai had not undergone gender reassignment surgery.

The refusal of the drawn-out application comes as it can be revealed that there are 50 inmates inside the state’s prison system who identify as transgender.

Corrective Services has been contacted and declined to comment on the acting Premier’s decision.

EARLIER

A double murderer – serving out a 43-year sentence for the brutal slaying of their friend’s adopted parents – is locked in a bitter battle to be transferred to a Sydney women’s prison following an application to be identified as female.

The Daily Telegraph can reveal convicted killer Terry Mark Donai now identifies as female and has adopted the name of McKenzie Donai, following a decision to undertake hormone therapy several months ago.

More than 19 years after being sentenced to four decades behind bars, Donai has lodged an application to Corrective Services NSW (CSNSW) and is fighting to be relocated to a women’s prison for the duration of their time behind bars.

However, concerns have been raised over the application as CSNSW officials cite a “lack of precedent” over the fact that the convicted killer has “not undergone gender reassignment surgery”.

A NSW supreme court jury found Terry Mark Donai guilty of the murder of a friend's parents Bill and Pamela Weightman.

David Weightman (R) with his adopted parents, William, also known as Bill, and Pamela Weightman.

Sources revealed to this masthead Department of Communities and Justice officials have had the application from Donai “since 2023”.

“This is almost a first-of-its-kind situation for the government having to make a determination on an inmate (transfer), who is yet to undertake gender reassignment,” a whistleblower said.

“However, advocacy groups have stressed that a determination needs to be made on the application.”

It is also understood that questions have been raised by the NSW Ombudsman over the 18 month application process undertaken by CSNSW.

“The department has taken time to assess the application because of the possible security threat it could pose.”

Donai was convicted to serve 43 years behind bars after suffocating their friend David Weightman’s parents for a promised $17,000 in 2000, before trying to cover up the murders as a fatal car crash.

Bill and Pamela’s bodies were found in their car in the Royal National Park, with police initially determining the deaths as an accident before David Weightman admitted he had drugged his parents before Donai suffocated them.

Tony Donai leaves the Supreme Court, Sydney, escorted by officers after receiving a guilty verdict. Picture: Brad Hunter

Weightman later told a jury in Donai’s 2007 murder trial that he smoked a cigarette while his accomplice smothered his adoptive mother to death, detailing hearing her screams and “a bit of a struggle”, before Donai surfaced “stinking like death” and requesting assistance to kill Bill.

Terry Donai was convicted after suffocating their friend David Weightman’s parents for a promised $18,000 in 2000. Picture: ABC

“We went in and there was a shocked look on my dad’s face ... he put up a big struggle,” Weightman said during his time on the stand as a Crown witness against Donai.

All transgender inmates are housed in facilities corresponding to their sex assigned at birth.

A CSNSW spokeswoman told The Telegraph the department has “strict guidelines and assessment processes that determine the placement and management of transgender people in custody”.

Pictured is Silverwater Women’s Correctional Centre.

Pictured is Silverwater Jail. Picture: Richard Dobson

“Individuals are assessed on a case-by-case basis, having regard to a range of factors including the nature of offence, their behaviour in custody and the safety of the transgender inmate and other inmates,” she said.

“A transgender inmate who makes an application to be placed into a centre of their gender are subject to rigorous assessment by a multidisciplinary team, which includes psychologists and Justice Health NSW staff.

“There is no set period for determining an application, which can require multiple rigorous assessments.”

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Originally published as ‘First-of-its-kind’: Double murderer Terry Mark Donai wants transfer to women’s prison