Murder victims’ families slam Andrews Government
EXCLUSIVE: FAMILIES of victims of horrific crimes committed by killers and sex offenders free on parole say the Andrews Government has turned its back on them.
Law & Order
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FAMILIES of victims of horrific crimes committed by killers and sex offenders free on parole say the Andrews Government has turned its back on them.
The government appears intent on forcing a courtroom showdown with the traumatised families, failing to negotiate compensation packages with them.
Since the Herald Sun revealed the group action by 10 families last June, the government has not only made no move to reach a settlement but has refused to hand over crucial documents detailing the parolees’ criminal and treatment histories.
The group includes the families of murder victims Sarah Cafferkey, Raechel Betts, Joanne Wicking, Evan Rudd, Douglas Phillips, Dermot O’Toole, Elsa Janet Corp, and Sharon Denise Siermans.
One of the group told the Herald Sun she could not understand why the government hadn’t come to the table to at least to have a discussion.
“If they have nothing to hide, why wouldn’t they?” said Bridget O’Toole, whose husband was killed while defending her during a bungled robbery of their Hastings jewellery store.
“You try and hide the pain, but it’s very difficult — it never goes away. I’ve continuous nightmares. I’ve a film that runs around the back of my head constantly. I just can’t get what happened out of my head.
“That’s why if I can save just one person from going through what Dermot and I endured, this fight will be worth it.”
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Shine lawyer Paula Shelton, who represents the group, said it was time for the government to negotiate with the families in good faith.
“The government has spent a lot of money repairing the parole system,” she told the Herald Sun. “Now it is time to compensate those who were hurt by it.”
Ms Shelton said if the government persisted in its present stance, Shine would have no option but to present a test case in court.
Families of murder victims and victims of sex assaults and paedophilia have issued writs in the County Court, accusing the State of Victoria of negligence and breaching its duty of care to them by releasing the attackers on parole.
Ms Shelton said next week’s coronial inquest on Mr O’Toole’s 2013 murder would highlight how the families had been let down.
“The inquest in this matter will again highlight the deficiencies in the parole system and the missed opportunities to intervene when a parolee posed an escalating risk,” she said.
“Bridget and Dermot were the victims of a terrible, random crime by a dangerous and out-of-control offender. We have to do better at risk assessment and management to protect innocent members of the public.”
The documents to which the families and victims are being refused access, on the basis of privacy, include Adult Parole Board, Department of Justice, prison, and treatment records of the parolees.
The inquest last May on Ms Cafferkey’s death identified many deficiencies in the risk assessment of her killer before he was paroled.
These included failures to share critical information and a “brief and superficial” interaction with the parole board. An over-reliance on the killer’s own self-assessment of his progress on parole was also identified.
A damning government report by former High Court judge Ian Callinan in 2013 found the Adult Parole Board has been releasing dangerous offenders far too easily, as a result of a culture biased in favour of criminals, and even of very serious criminals.
The families of Ms Cafferkey, Ms Betts, Ms Wicking, Mr Rudd, and Mr Phillips, and the victims of two sex attacks, launched a group action last June.
They were later joined by Mrs O’Toole, the parents of Ms Corp, who was killed on a blind date in 2010, and the parents of Ms Siermans, who was beaten to death with a cricket bat as her son, 4, hid in another room.
‘I JUST WANT TO ENSURE THAT THIS DOESN’T HAPPEN TO ANYONE ELSE’
BRIDGET O’Toole has never heard an apology for the decisions that took her husband Dermot from her, ruined her business, and destroyed her life.
Not once has anyone from the government, or from the justice system that paroled the man who then committed murder, been in touch to express regret.
Now, the government is ignoring her claim for compensation for her suffering.
“I find it very disappointing that the government actually won’t come to the table, at least to have a discussion,” she told the Herald Sun this week.
“If they have nothing to hide, why wouldn’t they?”
Mrs O’Toole, 67, said her legal action was about making the government accountable and ensuring that authorities did not continue to release serious violent offenders “time and time again”.
“I would say (that) if this happened to one of their wives, or a member of one of their families, things would change overnight,” she said.
Gavin Perry, 26, fatally stabbed Mr O’Toole, 64, during an armed robbery on their Hastings jewellery store on July 12, 2013.
Mr O’Toole had rushed to his wife’s aid as Perry attacked her. But Perry stabbed him with a 20cm carving knife as he lay helpless on the floor.
Perry, who had cased the shop in the hours before, had held up two other stores in the previous six days.
At the time he was out on parole from a six-year sentence for other armed robberies, some of which were themselves committed while he was free on bail.
Mrs O’Toole is one of a group of 10 people suing the state over their suffering as a result of horrific murders and sexual assaults committed by offenders who were free on parole or under supervision orders.
In a writ lodged in the Supreme Court last July she seeks unspecified damages, arguing that in releasing Perry, in monitoring his compliance with parole conditions, in continuing his parole, and in responding to calls to police about his behaviour, the State of Victoria failed to meet a reasonable standard of care in discharging its responsibilities.
Mrs O’Toole fears the full circumstances leading up to her husband’s death may not be addressed.
Though a coronial inquest is due to begin next week, she said the coroner had indicated she wanted to look forward and would focus on the effectiveness of reforms to parole laws that took effect in March 2014.
“I don’t know that I’m going to get closure, and the circumstances surrounding what happened prior to the attack on Dermot and myself,” she said.
“How can you say the parole reforms are working? It’s too soon.
“Nothing is going to bring Dermot back, but I just want to ensure that this doesn’t happen to anyone else.”
Mrs O’Toole said she struggles every day to cope.
“I get up every morning and I think I have to get through another day,” she said.
“I suffer from depression now, and post-traumatic stress disorder.
“I get up every morning and Dermot has gone, the business has gone. It’s a totally different life.
“When my oldest grandson said to me one day ‘Grandma, you never smile any more’, that was a huge reality check for me.
“You try and hide the pain but it’s very difficult. It never goes away. I’ve continuous nightmares. “I’ve a film that runs around the back of my head constantly. I just can’t get what happened out of my head.
“That’s why if I can save just one person from going through what Dermot and I endured, this fight will be worth it.”
Mrs O’Toole said she was also motivated by the forgotten trail of victims from Perry’s many crimes before he killed her husband.
His long history of violent crime included more than 200 convictions or court appearances.
The family is still angry that Perry was charged with intentionally causing injury to Mrs O’Toole rather than attempted murder.
They are also angry that the Crown accepted Perry’s guilty plea to so-called “statutory murder” which, although it has a maximum penalty of life imprisonment, is treated as an unintentional killing committed during the furtherance of a crime.
Perry was jailed for 20 years for Mr O’Toole’s murder, and for a total of 27 years with a minimum non-parole term of 23 years.