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Siblings claim parole bungles led to their father being killed by violent, drug-addled brother

FAILURES of Victoria’s parole system were to blame for the murder of a man by his drug-addled son, the killer’s own brother and sister say.

Cliff Phillips and his sister, Robyn Weitering, whose father was killed by their brother when he was on parole. Picture: Jake Nowakowski
Cliff Phillips and his sister, Robyn Weitering, whose father was killed by their brother when he was on parole. Picture: Jake Nowakowski

FAILURES of Victoria’s parole system were to blame for the murder of a man by his drug-addled son, the killer’s own brother and sister say.

Cliff Phillips, 50, and Robyn Weitering, 58, have now joined families of other victims of parolee killers in suing the State of Victoria.

PAROLE SECRECY SHIELDS CRIMINALS FREED FROM JAIL EARLY IN VICTORIA

“He was on parole and shouldn’t have been, and poor old Dad suffered the consequences,” Mr Phillips told the Herald Sun.

Douglas Barry Phillips, 73, was stabbed to death by his son, Christopher Edward Phillips, on June 6, 2009.

Chris Phillips is serving at least 19 years’ jail after pleading guilty to murder.

Christopher Phillips is serving 19 years for killing his father.
Christopher Phillips is serving 19 years for killing his father.

Mr Phillips and Ms Weitering said their brother was paroled to live with their father despite having attacked him on four occasions, putting him in hospital.

And he should have been returned to jail for repeated parole breaches, they said.

“When he was out he had pending court cases, he failed drug tests, and he breached parole so many times, he should have been locked up,” Mr Phillips said.

He said that offenders like his brother, who have a history of violence, should not be paroled, and on release should be subject to the same sort of control orders applied to serious sex offenders.

Chris Phillips, now 44, bashed and stabbed his father after a row about the sale of the family home.

He had a history of drug and alcohol abuse and a record of violent crime dating to 1994. This included being jailed in 1999 for three years for assaulting his father.

In a writ filed in the Supreme Court, the siblings allege 22 acts of negligence by Corrections Victoria.

They claim CV recommended in 2001 that their brother not be paroled to live with their father. A case worker noted that it would place Phillips “at a very high risk of reoffending and his father’s wellbeing in jeopardy”.

Yet, when he was paroled in August 2008, on a sentence for recklessly causing injury, making a threat to kill, possessing a weapon and property damage, he was ordered to live with his father.

His siblings claim he never successfully completed any of four previous parole periods, and while in prison was involved in 17 incidents involving violence or drugs. Yet, despite being ordered to submit to assessment and treatment for alcohol and drug addiction as part of his parole, he relapsed within days, meaning CV knew there was a significant risk he’d injure or kill his father. They claim he was under the influence of alcohol, cannabis, heroin, morphine and Xanax when he killed. They are claiming for loss of earnings and medical expenses due to post-traumatic stress disorder.

Douglas Phillips with his son, Cliff Phillips, and grandson in 1999.
Douglas Phillips with his son, Cliff Phillips, and grandson in 1999.

Shine Lawyers general manager Stuart Le Grand said any failure to monitor parolees’ drug and alcohol use put the public at risk.

“We have mandatory random drug-testing in sports … but not for our most violent criminals in assessing their fitness for parole. This is totally unacceptable,” he said.

He said Victorians would also be astounded to learn that CV lacked direct access to health records when parole is being decided.

“Rather, they are depending upon the prisoner’s reporting of their own health. Since when does the privacy of a prisoner outweigh the safety of the public?” he said.

STATE OF NEGLIGENCE — SIBLINGS CLAIM CORRECTIONS VICTORIA FAILED TO:

Heed its own recommendation that their brother not live with their father; respond to their father’s warnings that he felt unsafe; pay proper regard to their brother’s violent history; inform police of his parole status; find alternative accommodation when their father decided to sell his home; and check regularly with their father.

Act on knowledge their brother was drinking in breach of his parole; test his alcohol and drug use; properly consider his use of alcohol and drugs in every prior violent crime he committed; report his relapses; consider their brother’s inability to deal with his prior offending; and allow him to complete a cognitive skills program.

Disclose parole breaches to the Adult Parole Board; recommend his parole be revoked prior to the murder; have a system where counsellors and clinicians report disclosures of parole breaches; have a system where police would notify the board of any involvement with Phillips; and share relevant history of offending with the parole board.

COUNTDOWN TO MURDER:

1994: Christopher Phillips convicted of intentionally causing injury.

1997: Convicted of intentionally causing injury.

Convicted of assault with weapon and other offences.

1998: Attacks his father, who goes to Frankston Hospital and later takes out an intervention order.

1999: Convicted of armed robbery and other offences.

Smashes a bedroom window and then punches his father and strikes him with a length of timber when his dad arrives home to find him there drinking and confronts him about being in his home against his wishes.

Convicted of intentionally causing serious injury and other offences and jailed for three years.

2001: Assaults his father twice on the same night, including hitting him over the head with a pool cue when he refuses to give him money, with his father taken to hospital on both occasions. Convicted of causing serious injury and sentenced to two years and six months in jail. Breaches parole.

Corrections Victoria recommends he not be paroled to live with his father.

2003: Remanded in custody after stabbing a neighbour during an argument.

2004: Again attacks his father, who again requires hospital treatment; sentenced to six months’ jail.

2005: Paroled to his father’s address.

2006: Jailed after being convicted of recklessly causing serious injury and other offences.

2008: Again paroled to his father’s address. Presents in a hung-over state less than a week after release and a month later admits he was drinking 8-12 stubbies twice a week, but parole breaches are not reported to parole board.

Arrested for criminal damage and offensive behaviour and sentenced to an intensive corrections order. Corrections Victoria recommends the parole board defer a decision on cancelling his parole.

2009: Father tells a CV case worker his son is using drugs and he fears for his own safety.

Father decides to sell his home as he cannot live with his son any longer.

A day before killing his father, Phillips goes to the home of a person with whom he has a longstanding dispute over drugs and stolen property and stabs him in the chest and damages his property.

Frankston police identify Phillips as a suspect and are looking for him but do not notify CV as police do not know he is on parole.

Murders his father during an argument about the sale of the family home.

2010: Lawyers tell the Supreme Court Phillips’ childhood was marred by his father’s violence and alcoholism. This is disputed by family members who describe the patriarch as kind and generous.

Jailed for a maximum of 23 years, with a minimum non-parole period of 19 years

peter.mickelburough@news.com.au

Original URL: https://www.heraldsun.com.au/news/law-order/brother-and-sister-claim-parole-bungles-led-to-their-father-being-killed-by-violent-drugaddled-brother/news-story/ec5fab7bfec3dced01ec7c2a24f87f0a