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‘Still much to be done’: Family of murdered woman welcomes new laws

The family of a woman whose killer managed to get himself on dating apps from inside his mental health facility has welcomed new law changes but say they don’t go far enough to keep the community safe.

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The family of a woman whose killer managed to get himself on dating apps from inside his mental health facility has welcomed new law changes but say they don’t go far enough to keep the community safe.

Jordan Brodie Miller, who strangled his girlfriend Emerald Wardle in 2020, was found on dating apps after being given day release less than four years after the killing.

Ms Wardle’s distraught family members told the Sunday Telegraph in October last year that finding out Miller was on Tinder and other platforms actively talking to girls while serving a sentence for murdering 18-year-old Emerald was “beyond belief”.

After the Sunday Telegraph interview, Mental Health Minister Rose Jackson revealed a case where a killer was found scouting for love on dating apps, and out on day release from his mental health facility, four years after strangling his girlfriend to death.

Emma Wardle’s parents Tania Simshauser, Mathew Wardle and aunty Kristy Smith were outraged to find their girl’s killer was on dating apps. Picture: Adam Yip
Emma Wardle’s parents Tania Simshauser, Mathew Wardle and aunty Kristy Smith were outraged to find their girl’s killer was on dating apps. Picture: Adam Yip

The Minister was deeply concerned about a string of cases where killers have been spared criminal convictions on ­mental health grounds, diverted into a separate justice system, only to be given special freedoms and day release within a few years.

Ms Wardle‘s aunt Kristy Smith was in NSW parliament last week with other victims and advocates to witness first hand amendments made to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and the Mental Health Act 2007, strengthening oversight and governance in forensic mental health matters but says more needs to be done.

Emerald Wardle and her mum Tania Simshauser.
Emerald Wardle and her mum Tania Simshauser.

Restrictions can now be imposed on a forensic patient’s use of social media upon release.

Orders for leave of absence or the release of forensic patients must include at least one judicially experienced person except in cases of escorted leave.

Ms Smith who thanked MP Phil Donato and Minister Jackson for their urgent response to the family’s concerns.

“Emerald’s family are also incredibly grateful to those members of parliament who supported the amendments but agree that there is still much to be done to improve the system responsible for managing forensic killers,” she said.

Jordan Brodie Miller who was found guilty of murdering Emma Wardle in Metford, near Maitland, in June 2020.
Jordan Brodie Miller who was found guilty of murdering Emma Wardle in Metford, near Maitland, in June 2020.

Clare Collins, Chair of Advocacy Australia welcomed the essential reforms but said “much more needs to be done if we are to meet community expectations”.

“The amendments apply directly to the NSW Government body responsible for treating and managing forensic patients while entrusted with the responsibility to protect the community from the risks forensic patients may pose when granted day or permanent release including the brutal killers of defenceless women and children,” Ms Collins said.

The Sunday Telegraph, August 11, 2024.
The Sunday Telegraph, August 11, 2024.

“The urgent amendments reinforce judicial oversight and forensic patient management within the forensic mental health system however, they don’t go far enough to protect the community from known forensic killers or to address the overwhelming anxiety experienced by some victims’ families living in fear that when a killer is released without stricter conditions, their own lives could be at risk.”

Original URL: https://www.dailytelegraph.com.au/news/nsw/still-much-to-be-done-family-of-murdered-woman/news-story/e534d31499ac758b884287b478e9062f