Snowtown killer Robert Wagner refused funding for non-parole bid
Infamous bodies-in-the-barrels killer Robert Joe Wagner will be forced to represent himself in his Supreme Court bid to have a non-parole period set after the Legal Services Commission refused his request to access taxpayer funding for legal fees.
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Bodies-in-the-barrels serial killer Robert Joe Wagner has been refused taxpayer funding to pay a lawyer in his Supreme Court action aimed at securing a non-parole period.
Wagner, 48, will represent himself in his surprise bid to secure his eventual release from prison — a move that is likely to complicate the proceedings.
While there are no rules preventing self-representation, judges and magistrates warn against it in matters that involve complex interpretation of legislation and legal principles.
The Advertiser can reveal Wagner applied for funding for legal representation to the Legal Services Commission, but his request was refused.
While not commenting on Wagner’s case, LSC director Gabrielle Canny said when any application for legal aid is received it is “assessed according to the very rigorous guidelines we are obliged to follow.’’
“As required by the Legal Services Commission Act, we carefully evaluate all aid applications according to strict criteria. These criteria include the likelihood of the matter being successful in court, and the financial means of the applicant,’’ she said.
Wagner pleaded guilty to three counts of murder and was convicted of another seven in 2003 — four years after he was charged following the discovery of six barrels containing eight bodies in a disused bank vault at Snowtown.
A further two bodies were excavated from the backyard of a Salisbury North house.
The sister of victim Gary O’Dwyer yesterday said she intended to have a submission included in the Supreme Court proceedings, which start Monday, to ensure the court took her families’ attitude into consideration.
Gary O’Dwyer was murdered by Robert Wagner in a house at Murray Bridge. Prior to being strangled to death, he was tortured with electric shocks and whipped with a belt.
His body was one of the eight found in the six barrels in the Snowtown bank vault in May 1999.
The woman, who asked to be identified only as Debbie, said she had made a submission to the Parole Board in 2017 when another Snowtown offender — Mark Ray Haydon — had applied for release from prison when his 18 year non-parole period expired. His application was subsequently refused.
“I was told he did not get paroled, but was waiting to hear from somebody to let me know if he had reapplied last year but didn’t so I assumed he had not reapplied,’’ she said.
Debbie said while she planned to put a submission to the court in Wagner’s case, she doubted she would attend any hearings.
“I have not been to the central market since the trial, I just can’t bring myself to do it because of the memories of it,’’ she said.
The still grieving sibling said while the hurt of losing her brother would remain forever, the only solace her family had was the assurance the killers may remain in prison.
“This cannot be undone, the only thing would be to know that none of them would ever be released,’’ she said.
“To know they would never be released would be the only consolation now.’’