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Archived Press Releases 2005 31st July 2005

Chief Justice asked to explain killer’s rape sentence

(31st July 2005)

The Chief Justice has been asked to explain how one of New Zealand’s most notorious killers can escape with a three year jail term for the double rape of a 12 year old schoolgirl at knifepoint.

The Sensible Sentencing Trust says they are so frustrated with the pathetic sentence that they have taken their concerns direct to the Chief Justice. A spokesman for the Trust said, "We have asked the Chief Justice to please explain how the New Zealand Justice System can be allowed to continually re-torture the families of the girl Paul Bailey murdered and the girl he raped".

Mr McVicar who is founder and national spokesman for the Trust said that the gap between justice for the criminals and justice for the victims got bigger every day.

"New Zealanders are losing faith in our Courts and Judges at an alarming rate, the Chief Justice is the Boss so we are asking the Boss to explain why this absolute travesty of justice is allowed to continue".

"Justice Chisholm’s pathetic decision is another nail in the coffin of a system so out of tune with society and the growing concerns of the community that we believe it is way past time the Chief Justice showed some leadership".

McVicar said criminals like Bailey made their life choices years ago. "The Judge said the sentence for rape at the time was 14 years, Bailey pleaded guilty to two counts of rape that should have been 28 years, with no discount for mitigating circumstances, end of story. The judge had the opportunity to show Bailey exactly the same compassion he showed his victims; sadly he chose to prolong the agony for all concerned. This low life will now continue to persecute his victims".

"This decision means that Kylie Smiths' family will now have to continue appearing before the Parole Board to try and stop this maniac rapist/murderer from preying on some other family’s innocent children.

"Some Judges are giving good sentences and some are giving pathetic sentences. This has to take the cake as the most pathetic for some time. It is time New Zealand put "Victims before Criminals" and ended this charade posing as a Justice System". McVicar said.

Regards,

Garth McVicar
National Spokesperson,
Sensible Sentencing Trust.