Families of victims of horrific crimes in Victoria unite for justice
THE families of the victims of seven horrific crimes committed by serious violent or sex offenders on parole or under supervision orders have launched a united fightback.
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THE families of victims of seven horrific murders and sex assaults committed by offenders on parole or under supervision orders have launched a united fightback.
The sons, daughters, mothers and fathers of five murder victims — Sarah Cafferkey, Raechel Betts, Joanne Wicking, Evan Rudd, and Douglas Phillips — have joined in the group action, along with the victims of two sex attacks.
In co-ordinated legal actions they are seeking compensation, accusing the State of Victoria of negligence and of breaching its duty of care to them.
If the claims are successful, legal sources have told the Herald Sun that many other victims of crimes committed by parolees or those on supervision orders could also seek compensation, with the State facing payouts that could run into millions of dollars.
A damning government report by former High Court judge Ian Callinan in 2013 found the Adult Parole Board had been releasing dangerous offenders far too easily, with a culture biased in favour of serious criminals.
The law firm running the compensation claims acknowledged the matters were a group action (they cannot be run as a class action as they are victims of different incidents) but declined to discuss the matters further.
The last of the writs was filed in the County Court last week.
“It’s about accountability for what has happened and ensuring future accountability will be better as well,” Sandra Betts, whose daughter Raechel was murdered by parolee and triple killer John Coombes in 2009, said yesterday.
“If people are held to account they’re far more likely to make sure that the way that they’re operating is effective.”
Ms Betts is suing with her surviving daughter Raine Betts and hopes the legal action will also keep pressure on the Government to make further changes to a system she says is still “not up to modern standards”.
“There’s been a lot of focus on the parole board, which although part of the problem, and it did need upgrading, is not all of the problem.”
Other improvements Ms Betts says are needed include:
ASSESSMENTS of all serious violent and high-risk offenders on conviction by a forensic psychiatrist;
BOOSTING supervision of parolees through the use of technology like electronic ankle bracelets and subjecting them to intermittent surveillance, as already occurs in NSW.
GIVING Department of Justice staff greater powers in dealing with parolees, such as being able to investigate excuses given for failing to keep appointments and allowing them to open cupboards and draws when checking a parolees home environment for weapons and pornography.
Ms Betts says she is unsure if a financial win would help restore her own “much debilitated” life.
“For me I’ve had a large personal loss in many ways. I was a very active person in the community, I had three part-time jobs that added up to a full time income and was very busy with that and other things as well.
“There’s no way I could function like that anymore. That’s just the consequences you live with because of what’s happened. Your life is irreparably changed. The world also seems quite different. It’s never seems as safe since.”
Rape victim Karen Harrison, 43 wants to take legal action because the State Government had been ``incompetent’’.
Ms Harrison says the state’s conduct in releasing her attacker back into the community “was negligent and fell below a reasonable standard of care”.
Violent sex predator Gary John Collingwood was released from prison on a government supervision order and continually breached the conditions without any punishment in the weeks before raping Ms Harrison in January 2013.
At least eight reports of Collingwood’s breaches were ignored by the Adult Parole Board and Secretary of the Department of Justice.
Days later he tied up and raped Ms Harrison at knifepoint at his Kangaroo Flat unit.
Ms Harrison says it was the state who was responsible for assessing his suitability for release, monitoring his compliance with his supervision orders, revoking his parole and protecting members of the public from him.
“You put your faith in the justice system, trust that it runs to protect innocent people but I feel I was sacrificed, my life destroyed, before they took any action against this monster,” she said after bravely waiving her right to anonymity in 2013 to send a message to authorities.
“Not once has anyone said sorry or explained what they did do to protect me. I want these questions answered. I feel I am owed that, at least.’’
Ms Harrison said she went public because she wants authorities to realise she is a real person who has been let down by judicial system failures.
“I’m living a nightmare and if only they took action when he breached his order the first, second, third or even eighth time, I would not have been raped,” she said at the time. ``He was a ticking time bomb and despite warning after warning, they did nothing.’’
After lodging the first of the seven writs late last year Noelle Dickson, whose daughter Sarah Cafferkey was murdered, and her husband, Lawrence Seery said the management of their daughter’s killer exposed failures in the monitoring of violent parolees being assessed for release.
“The main thing is this can’t happen again, that other families can be assured that serious violent offenders cannot manipulate the system and that proper reporting is undertaken,” Ms Dickson said then.
Career criminal and convicted killer Steven James Hunter fatally bashed and stabbed Ms Cafferkey, 22, at his Bacchus Marsh unit on November 10, 2012 — 11 days after he completed parole for other crimes.
Joanne Wicking was killed by violent parolee Sean Eugene Maraffko in March 2010. Maraffko also tortured her two daughters after being allowed to board with them. Her Mother Helen Wicking is among those now seeking damages from the State.
Helen Wicking said in 2013 that the parole board didn’t understand that criminals lied and told the members what they wanted to hear.
“You just think, `why does someone else have to go through what we have gone through, what we are going through?’,’’ she said.
Evan Rudd and his friend Roy Poole were stabbed to death after an argument about a car parking space in High St Moe in February 2011. Parolee Richard De Vries, 40, stabbed the pair after returning from a night out drinking to find his car had been blocked in by Mr Poole. He was sentenced to 31 years for the deaths.
Like the other claimants Evan and Crystal Rudd say the state owed their son a duty of care.
Clifford Phillips and Robyn Weitering are suing over the death of their brother Douglas Phillips, who at the age of 73 was stabbed to death by his son Christopher Phillips in Frankston in June 2009.
On prole for serious violent offences when he killed his dad, Christoper Phillips had a long history of drug and alcohol abuse and violent crime. He bashed and stabbed his father after an argument about his decision to sell the family home where Christopher had resided for free, and move into a retirement village.
A mother, who cannot be named for legal reasons, is suing the state and Haven Home Safe after paedophile Greg Sedgeman was deemed suitable to reside in the same block of flats as the woman and her young daughter despite being the subject of a supervision order under the Serious Sexual Offenders Act. In breach of that order Sedgeman had contact with the young girl over a three-month period in 2013.
Speaking after lodging the first writ Shine lawyer Paula Shelton said the writ would ensure her clients had the opportunity to “hold those responsible to account and shine a spotlight on the management of parolees in Victoria”.
FIGHTING BACK
KAREN HARRISON — Was tied up and raped at knifepoint by violent sex predator Gary John Collingwood in 2013.
SANDRA and RAINE BETTS — Mother and sister of Raechel Betts, who was murdered by parolee and triple killer John Coombes in 2009.
NOELLE DICKSON and LAWRENCE SERRY — Mother and stepfather of Sarah Cafferkey, who was murdered by convicted killer Steven Hunter in 2012.
EVAN and CRYSTAL RUDD — Father and mother of murder victim Evan Rudd (Junior), who was killed by parolee Richard De Vries in 2011.
CLIFFORD PHILLIPS and ROBYN WEITERING — brother and sister of murder victim Douglas Phillips, killed by his violent son Christopher in 2009.
HELEN WICKING — mother of murder victim Joanne Wicking, who was killed by violent parolee Sean Eugene Maraffko in March 2010.
(NAME WITHHELD) — mother of girl allowed to spend time alone with a serious sex offender Greg Sedgeman.
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