Zak Grieve case: man asked to ‘call off killing’ escapes charge

Another man allegedly knew about and was asked to prevent a murder that led to a young man being jailed for life.

Trevor Tydd.

Another man allegedly knew about and was asked to prevent a murder that led to a young Aboriginal man being jailed for life, despite­ a judge finding he was not there when the killing took place.

The second man, Trevor Tydd, is also alleged to have handled the money used to pay for the contract killing, which took place in the Northern Territory town of Katherine, and to have disposed of the murder weapons after the event.

Mr Tydd, who denies the alleg­ations, was neither called as a witness in the murder trial, nor was he charged. The NT Police and the Territory’s Director of Public Prosecutions declined to answer questions about the case.

The Weekend Australian has spoken at length to Mr Tydd, who left Katherine after the 2011 murder and now lives in Queensland.

When asked about allegations made to police by the woman who paid for the contract killing — that she told Mr Tydd to “call it off” — he said he believed she was talking about a film they were watching at the time. “I just thought she was talking about a contract on the movie. I just thought she was asking me: ‘If they put a contract out, can you stop it?’ ” Mr Tydd said.

The real-life murder of Ray Niceforo led to three men being found guilty, despite judge Dean Mildren finding the youngest, 25-year-old Zak Grieve, was not there when the killing took place.

While the judge accepted Grieve’s claim that he pulled out of the murder at the last minute, Territory legislation meant that he could be convicted for failing to take “all reasonable steps” to ­prevent the killing.

Police interview transcripts, and evidence given under oath at the murder trial, alleged Mr Tydd — also known as Nipper — knew about the killing both before and after it took place.

The woman who paid $15,000 for the murder, who The Weekend Australian is identifying only as Bronwyn, told police “the three of us counted (the money) out, myself­, Nipper and Christopher (Malyschko) … and handed it over” to Mr Tydd. Asked about this, Mr Tydd said: “I was helping them count the money but I thought it was for bills.”

In court, Malyschko said Mr Tydd held on to half of the money until after the killing, when he asked Mr Tydd to give him the second half. “I thought it was to give to his mother,” Mr Tydd said.

He denied allegations made in court by Malyschko and to police by Bronwyn that he played some role in recovering and disposing of the murder weapons.

Following a multimedia investigation by The Weekend Australian, the Territory government announced this week it would consider Grieve’s early release and it is reviewing the mandatory sentencing laws that sent him to jail for a minimum of 20 years.

Grieve’s barrister, Felicity Gerry QC, who visited him in Darwin jail after the announcement, said he was unaware his mother had written to the Territory Admin­istrator about his possible release but was “grateful the Administrat­or is taking his case and her feelings seriously”.

“His hope is that the NT government will change the law to abolish mandatory sentencing and give judges the power to resentence,” she said. “He wants me to write a letter to the Administrator asking for time to prepare.”

NT Attorney-General Natasha Fyles said her government was reviewing “all aspects of the justice system — law, sentencing and diversio­n programs”. “Mandatory sentencing falls within this system,” Ms Fyles said. “A paper is being prepared for cabinet consideration and reforms are expected in the next 12 to 18 months.”

Alice Springs councillor Jacinta Price, who knows Grieve’s family, said she supported a proposal by Territory Opposition Leader Gary ­Higgins to reform mandatory sentenc­ing laws to allow judges to ­vary jail terms under certain ­circumstances.

“I would keep mandatory sentences but support an escape clause like that,” she said.