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Sensible Sentencing Trust
Offender Database
Paul Bailey
.
Raped and murdered 15 year old Kylie Smith in Otago in November 1991. Was on bail for attempted rape at the time.
Also repeatedly raped a 12 year old Otago girl in 1989 and 1990
Kylie Smith
none known
none known
Born 1964
Prison
Sentenced to "life imprisonment" in February 1992
First parole hearing 7th December 2001
Next parole hearing June or July 2010
Background
Has had his 2001 and 2002 parole application turned down after a massive public response. A three year postpone order was made in March 2003, and a second one was made in July 2007 as the (Extended) Parole Board were satisfied that there would be no significant change in Bailey within that three years to the relief of the victim's family. The Departmental psychologist's report noted that Bailey showed a "high risk" of sexual or violent re-offending.
He has since confessed to raping a 12 year old girl in 1989 and 1990, story here from the The Press, 25th June 2005. Has only been sentenced to three years for that - to be served concurrently with his existing sentence!
One of the country's most notorious killers has admitted raping a 12-year-old girl before his execution-style murder of Otago schoolgirl Kylie Smith. Paul David Bailey, 40, pleaded guilty in the High Court in Christchurch yesterday to twice raping the girl in an Otago town in 1989 and 1990. He is already serving a life sentence for the rape and murder of 15-year-old Kylie in November 1991. He was on bail at the time of her death for trying to rape a woman at knifepoint.
During a seven-minute appearance in the dock, Bailey said a third "guilty" to having sexual intercourse with the girl while she was in his care and protection. His admissions were a victory for the victim, now 29 and living in Christchurch, who has waited 14 years for justice. "I just want to see this through," said the woman, whose name is suppressed. She first told the police about Bailey's violations during the 1991 Smith murder inquiry, but he was not charged until May last year.
The case has raised questions about the police's delay in acting on her complaint. Bailey plied his young charge with alcohol and cannabis before having sex with her and swearing her to secrecy. She said Bailey was having sex with her once a week during 1989.
Bevan Smith, Kylie's father, is calling for Bailey to get preventive detention when he appears for sentencing next month. Smith, whose 15-year-old daughter was raped and shot in the back of the head, praised the latest victim's tenacity. The woman contacted the Smith family when Bailey first became eligible for parole in 2001 after serving 10 years of his sentence.
She decided then that she wanted to pursue her complaint against Bailey. They have supported each other since, especially around parole hearings.
"She is very timid, but underneath all of that she is very determined, and that's the only reason this got to court," said Smith. "It went as far as the Solicitor-General, I believe, to get it heard." The victim also lodged a complaint with the Police Complaints Authority. "It took a while," Dunedin-based Detective Sergeant Graeme Scott agreed yesterday. He confirmed that the young victim's name came to police attention during the Smith murder inquiry. The victim was spoken to soon after and disclosed the abuse.
Police would not comment on the delay in prosecuting Bailey until after sentencing, said Scott. The Weekend Press understands that the case was shelved because police believed Bailey, already facing charges of murder and attempted rape at knifepoint, would not have got a longer sentence with the extra sex charges. When interviewed by police in 2002 about the latest allegations, Bailey refused to comment, apart from saying having sex with a girl that young was rape.
Sensible Sentencing Trust spokesman Garth McVicar said preventive detention was the only option for an offender like Bailey. "We aren't going to see a rehabilitated man here," he said. "Bailey had a choice and it's up to New Zealand now to ensure we look after our community, our women and children, and make sure he never gets out."
See this excellent article at crime.co.nz
and the Parole Board decision here
