Hoddle St killer Julian Knight in High Court bid to overturn laws that keep him locked up

MASS murderer Julian Knight is preparing a High Court bid to overturn the law that keeps him behind bars in a move that’s angered victims.

Convicted Hoddle Street mass murderer Julian Knight.

MASS murderer Julian Knight is preparing a High Court bid to overturn the law that keeps him behind bars.

The Hoddle St killer has engaged top lawyers to fight the legislation introduced by the previous Liberal government that specifically aimed to cage him until he cannot reoffend.

His move has angered the state’s top advocate for victims of crime.

It is now two years since Knight — who killed seven people in the 1987 massacre — became eligible for parole. But he cannot be considered for release by the Adult Parole Board ­because of the special legislation.

In 2014, then premier Denis Napthine announced Knight would be detained until he was either on his deathbed or too frail to harm others.

Knight’s “notice of a constitutional matter’’, lodged with the court by law firm Stary Norton Halphen, will test the State Government’s ability to pass a law aimed solely at him.

Lawyers for Knight, who names the State of Victoria and Adult Parole Board as defendants, will argue that the Napthine government’s “corrections amendment’’ to keep him in jail is contrary to Chapter III of the Commonwealth Constitution, which in part defines parliamentary power.

RECONSTRUCTION: Julian Knight’s terrible rampage

Julian Knight at one of his court appearances.

Cars damaged by gunshots during Julian Knight’s Hoddle St spree.

Knight in an earlier court appearance. Picture: Brett Hartwig

But Opposition corrections spokesman Ed O’Donohue said he was confident the Knight law would withstand legal challenge.

“The Coalition took action to ensure he is kept behind bars. (Premier) Daniel Andrews must also act to ensure he is not released,” Mr O’Donohue said.

Victims of Crime Commissioner Greg Davies said: “I’m sure the finest legal minds in the land will be aware that he attempted to murder 29 people and killed seven of them. If the law says he’s entitled to get out, we may as well do away with prisons.”

A former police officer who tended one of his victims on August 9, 1987, said Knight winning freedom via the High Court would be “horrendous”.

Donna Wood, who tried to comfort fatally wounded 21-year-old Gina Papaioannou at the scene — she died 11 days later — said Knight should never be released.

The former police officer said Knight had no right to freedom after what he had done to innocent people. “It would be horrendous. He needs to stay inside,” she said.

“How can you cold-bloodedly go out there and kill human beings? I don’t know what kind of mindset can do that. He doesn’t deserve a place in society.”

The Napthine government amended the Corrections Act two months before Knight’s earliest possible release date.

In documents obtained by the Herald Sun, Knight argues that the amendment aimed solely at him “interferes with or substantially eliminates’’ the discretion of the Adult Parole Board.

Knight says the law was ­determined by his identity and is “unbound by the rules of natural justice’’.

He also states it is a matter “arising under the Constitution’’ and must remain with the “original jurisdiction of the court’’.

If Knight is successful, he will seek a declaration that Section 74AA of the Corrections Act 1986 is invalid and that he be granted “further or other relief’’.

Knight, who has previously been deemed a vexatious litigant, is also seeking legal costs.

On November 10, 1988, he pleaded guilty to seven counts of murder and 46 counts of ­attempted murder in Victoria’s Supreme Court. He was sentenced to life in prison with a minimum term of 27 years.

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