Zak Grieve’s mercy plea moves a step closer

The mercy plea of indigenous man Zak Grieve is set to go to Cabinet, as pressure mounts over ‘unjust’ 20-year sentence.

Glenice Grieve has sent a formal request for early release to the NT’s Attorney-General.

The mercy plea of indigenous man Zak Grieve took a step forward today when the Northern Territory’s Attorney-General received a request for early release from his mother, via the Administrator and, forwarded it to her department for consideration.

The Department of Attorney-General and Justice will now prepare advice for the government, which will go to Cabinet to make a recommendation to the Administrator, who in the Territory holds a position similar to the Governor-General in Australia.

The Administrator is expected to act on Cabinet’s advice, but the process could take months or years — well beyond the end of the current Administrator’s term in October.

Grieve was one of three men convicted of the 2011 murder of Katherine man Ray Niceforo. He was handed a 20-year jail term under the Territory’s mandatory sentencing laws, despite judge Dean Mildren finding he was not physically present when the killing occurred.

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 of murder for failing to take “all reasonable steps” to ­prevent the killing.

In sentencing Grieve, Justice Mildren said he took no pleasure in the outcome, adding that the Territory’s mandatory sentencing laws “inevitably bring about injustice”.

Zak Grieve is serving a mandatory 20-year sentence.

Last week, as The Australian published a series of multimedia reports about her son’s case, Zak Grieve’s mother Glenice Grieve wrote to the Administrator on his behalf.

After the Administrator’s secretary told Ms Grieve that her letter had formally triggered the mercy plea process, the NT’s Chief Minister, Michael Gunner, described Zak’s case as an “anomaly” of “blunt” legislation. Opposition Leader, Gary Higgins, said he would support reforming the Territory’s mandatory sentencing laws for murder.

In a statement this evening, the NT’s Attorney-General, Natasha Fyles, said the royal prerogative of mercy was retained in the Northern Territory and exercised by the Administrator on the advice of the government, handed down by Cabinet.

“The Attorney-General has today received correspondence from the Official Secretary to the Administrator concerning a request by Ms Grieve for the exercise of the prerogative of mercy regarding her son Zak Grieve,” the statement said.

“The Attorney-General has referred the correspondence to the Department of Attorney-General and Justice to prepare advice for the Government.”

“In due course, the Government will be required to consider the matter based on the advice provided by the Department of Attorney-General and Justice and the Solicitor-General.”

“Following that process, which could take some time, the Government will provide advice to the Administrator.”