‘Man who wasn’t there’ shares update after release from prison for murder he didn’t physically commit

‘Send love and give me a hug’: The man handed a life sentence for a murder he didn’t physically commit has shared how he spent his first days out of prison since he was a teen.

Zak Grieve was released from prison after serving 12 years for a murder the judge found he did not physically commit. Picture: KATRINA BRIDGEFORD

The man committed to life in prison for a murder he did not physically commit has shared an update on his first weekend out of prison since age 19.

Zak Grieve, now 31, took to Facebook to say he planned “to do everything humanly possible never to go back” behind bars.

“This is it. First 24 hours free,” he said.

“Hit a golf course today went shopping in three different centres. An afternoon nap watching Goosebumps with (my sister) and dad. Then to Hungry Jack’s to finish the night.

Zak Grieve, pictured with his dad, topped off his first day free with some Hungry Jacks. Picture: Supplied

 
“To everyone who has supported me thank you.

“I plan to do everything humanly possible never to go back to prison and I respectfully let everyone know I am on parole for life.

Mr Grieve welcomed people to “say hello send love and give me a hug”.

Dozens of friends commented well-wishes and congratulations: “This is just so beautiful to see love you my bro,” said one.

“So glad (you’re) finally home and reunited with the family. Makes my heart so happy,” wrote another.

Mr Grieve also shared a photo of himself enjoying a nap having fallen asleep mid-movie, after unboxing 12 years’ worth of clothes and personal items accumulated in prison.

“Making a list to donate to Vinnies,” he said.

The Territory’s mandatory sentencing laws meant Mr Grieve was handed a 20 year sentence after a jury found him guilty by a jury of the murder of Ray Niceforo in 2011.

Mr Grieve had been part of a plot to kill his best mate’s allegedly abusive step-dad, but had pulled out at the last minute and gone home to sleep.

The presiding judge found he was not present at the time of the brutal killing, describing the mandatory life sentence an “injustice”.

After years of advocacy from his family, Mr Grieve was granted a mercy plea in 2018 which reduced his non-parole period by eight years.

Mr Grieve was released on Friday after 12 years served.

Zak Grieve walks free after life sentence for murder he didn’t commit

A man sentenced to life in prison for a murder the judge found he did not physically commit was released from prison on Friday.

Zak Grieve was 19 years old when he was charged over the 2011 murder of Ray Niceforo, whose body was found just outside of Katherine.

The Territory’s mandatory sentencing laws meant Justice Dean Mildren had no choice but to send Grieve to prison for 20 years – something the judge himself described as an “injustice”.

In a rare intervention, then Northern Territory Administrator Vicki O’Halloran granted Grieve a prerogative of mercy in 2018, reducing his non-parole period by eight years.

After 12 years behind bars, now 31-year-old Grieve has walked free.

The case made international headlines, with documentaries, podcasts and books dissecting the legal settings that meant Grieve received a longer sentence than the two men who brutally bashed Niceforo to death.

‘Not a loophole’: Natasha Fyles said she had no intention of changing the laws that led to Grieve’s 20 year sentence. Picture: Pema Tamang Pakhrin

Chief Minister Natasha Fyles said the laws were “not a loophole” and she had no plans to change mandatory sentencing for homicides.

“There are some crimes where the community expectation is a minimum mandatory period of incarceration, and I don’t have intentions of changing that,” she said at a press conference on Friday.

“It’s not a loophole, it’s the law as it stands in the Northern Territory.

“We’ve done an enormous amount of work in the mandatory sentencing space and making sure that when people commit a crime justice is served.”

Ms Fyles - who had close involvement with Grieve’s mercy plea in her former role as Attorney-General - said she was sure Grieve’s family would “be very much enjoying today”, and that corrections had been working to prepare for his release.

“For a period of time (the parole board) has been undertaking measures to help him reintegrate into our community and to ensure both his safety, and primarily the community’s safety, and so there will be steps to support him as he reintegrates.”

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Grieve’s best mate Chris Malyschko and Darren Halfpenny were also convicted of killing Niceforo, who was in a relationship with Malyschko’s mum, Bronwyn Buttery.

Zak Grieve during his trial in 2012.

Ms Buttery told police at the time that Niceforo’s years of abuse made her life “a living hell”. She put up $15,000 for him to be killed, and a jury found her guilty of manslaughter.

Malyschko, Grieve and Halfpenny hatched a plan – but Justice Mildren found that Grieve pulled out at the last minute, going home to sleep and telling no one as his friends murdered Niceforo in cold blood.

Forensic evidence linked both Halfpenny and Malyschko to the killing, but no such evidence implicated Grieve.

Under Territory laws, however, once Grieve was charged with murder he was found guilty on the basis he did not take “all reasonable steps” to stop the crime from happening.

The jury in the Supreme Court trial also found Malyschko guilty of murder however a legal exemption meant he received a shorter sentence than Grieve, being committed to 18 years in prison.

Malyschko was found dead in his cell in 2019, a coronial inquest hearing he died from synthetic cannabis use.

Halfpenny admitted to his role in the plot before trial, and served as a key prosecution witness.

He was also sentenced to 18 years behind bars.