Zak Grieve: Murder victim’s crimes but no punishment
The victim of a contract killing for which three men got life had been repeatedly released by the police and courts.
The victim of a contract killing for which three young men were jailed for life had himself been repeatedly released by the police and courts despite a long history of violent and gun-related crimes.
The woman who paid for the 2011 murder of Ray Niceforo told The Australian that he abused her, and his repeated release by the authorities left her so “hopeless” that she ordered his killing.
Police documents show that the woman, Bronwyn, told officers in Katherine, Northern Territory, “I am genuinely scared for my life”, three months before he died.
Court documents also show Niceforo had a string of convictions dating back to 1992, but on each occasion he was either fined or given other alternatives to prison time.
In 2005, one Queensland judge overturned a decision to jail Niceforo for assault, saying he “has no criminal history” — despite previous convictions in the NT for assault, shooting another man and possessing an unregistered gun.
Niceforo was also the subject of two apprehended violence orders and allegedly involved in two violent assaults in Katherine but was not charged after witnesses declined to come forward to police.
At the time of his death in October 2011, Niceforo had recently been charged with breaching a domestic violence order initially put in place to prevent him contacting Bronwyn or her son, Chris Malyschko.
He was released on bail by police after this arrest and subsequently ordered to appear in court, where the matter was adjourned and he was again released on bail. Four days later he was dead, with Malyschko subsequently admitting to organising and carrying out the killing.
Three men, including Malyschko, were found guilty of the murder and jailed for life, despite the judge finding that the youngest, Zak Grieve, was not there when Niceforo was beaten to death.
Judge Dean Mildren said he was forced to give Grieve a minimum 20-year jail term because of the mandatory sentencing laws in place in the Northern Territory, which he said “inevitably bring about injustice”.
Bronwyn, who The Australian is not fully identifying, said she suffered years of physical and sexual violence at Niceforo’s hands and feared he would hunt her down should she leave Katherine.
The most recent decision by police to arrest but then release Niceforo on bail left her feeling “hopeless”.
“I felt there was no hope, I just felt so scared of him,” she said.
She now fears she will not live long enough to see her son released from prison and says she will carry the guilt over her decision to pay her son to organise the murder “to my grave with me”.
Niceforo’s family have challenged her version of events.
Fran Casey, who used to work with Bronwyn and whose daughter married Niceforo’s brother, said the murder victim was a “gentleman” whose great ambition was to become a father.
Bronwyn’s version of events was false, Ms Casey said.
During the time they spent together, she had “never seen a scar on her … I didn’t see him attack her ever”.
“She has lied to me. She sat out there — how can someone sit out there and say to you ‘No, I didn’t do it. I had nothing to do with it’ and she knew darn well she did,” Ms Casey said.
“Don’t believe her. Don’t. Because if she can lie about that, she can lie about anything.”