Families of murder victims to sue State Government

MURDER victim Sarah Cafferkey's family will launch an unprecedented legal assault against the State Government over criminals who kill while out on parole.

Other victims' families have been invited to join a class action, amid claims danger signs were ignored as potential murderers roamed the streets.

The campaign includes a push to get the Government to register "high-risk offenders" on a public internet site.

In a bid to launch its case, the Cafferkey family has reached out to Erin Brockovich, made famous in the movie about her life, who organised a meeting with her firm Shine Lawyers this week.

Ms Cafferkey was stabbed to death by career criminal and convicted killer Steven James Hunter, who murdered the 22-year-old in November last year, nine days after his parole ended.

The Sunday Herald Sun understands Hunter, who pleaded guilty to murder on Thursday, was suspected of operating an illicit drug trafficking network while on parole, missed drug-testing appointments as part of his parole requirements and spoke of committing gruesome acts of violence.

Ms Cafferkey's mother, Noelle Dickson, said the corrections system failed to protect her daughter.

"Their failure to act on red flags raised with Corrections Victoria about Steven Hunter may have cost my daughter her life," she said.

Sources have claimed parole officers have been warned they face instant dismissal and possible criminal prosecution if they speak out about failures regarding breaches by parolees, some who have gone on to murder.

There has also been widely held concern within the justice system about young parole officers being assigned serious offenders who manipulate them.

Victoria Police has investigated 12 murders since 2008 that have been committed by parolees across the state. Some had not been returned to jail after breaching parole conditions.

Sandra Betts, the mother of murder victim Raechel Betts, who was slain by triple-murderer John Leslie Coombes, said there was a systemic failure to dig deep enough into a serious offender's history during evaluations before their release into the community.

Ms Betts is advocating higher standards of risk assessment and believes an ''active'' taskforce is required to investigate serious offenders released on parole.

"For parolees released after serious violence, aggressive rapes and murder, there ought to be a taskforce that checks on them, not just some parole officer behind a desk. There has to be this idea of risk assessment," she said.

In their claim, they will argue the actions of the parolees and the dangers they posed to the community were foreseeable.

"We believe evidence will demonstrate that relevant members of Corrections Victoria failed to discharge their respective common law duties of care based on the legal duty imposed upon them," Ms Dickson said.

Several law firms have baulked at taking on the case because of costs, despite believing they have a basis for a claim against likely respondents Corrections Victoria and the Adult Parole Board.

Any class action would challenge the state under the Wrongs Act.

The basis of any writ would claim the state and its organisations failed to take "reasonable care to ensure the safety of the community".

In a draft seen by the Sunday Herald Sun it states that "omissions" within the state's justice departments are to be the foundation of the state's liability.

"We also believe that perhaps relevant members of the parole board are failing to discharge their respective common law duties of care when it comes to the release of 'dangerous persons' into the community," it said.

"It's quite clear the parole board has been placed under increased pressure by human rights law and appears to be paying more attention to the rights of the criminal than the public."

The mooted action has similarities with a damages claim filed by Carl Williams' family in 2012 over his murder in Barwon Prison.

Filed on behalf of Williams' daughter Dhakota, the Williams are suing the State Government for $1 million.




heraldsun.com.au 14 Apr 2013

This is only just one very high profile case where the government 'deliberately' failed the masses.

It is appalling that one can be convicted of a jail sentence and not even spend one day in jail.

It is also about the economics of the situation.

Jail costs the government approx. $80,000 annually per inmate.

It is cheaper to fine someone, and upon re-offending fine them again. This is how the system works, i.e. for the money.

Australian courts are registered businesses and function as such.