16 August 2013

Legal 'glitch' freed rapist to kill


 

A YOUNG mum was bludgeoned to death by a rapist let out of jail in yet another failure of Victoria's parole system. 

Jason John Dinsley, 30, had at least a year to go on his parole when he broke into Sharon Denise Siermans' home in Ballarat.

He beat her to death with a cricket bat as her son, 4, hid in another room.

The Herald Sun can reveal Dinsley, who had almost 100 convictions against his name, had broken his parole at least once already.

It is believed the chronic drug user failed to observe strict parole conditions relating to drug tests.

Nevertheless, he remained at liberty - free to kill.

A week before the murder Dinsley was ordered to face the Adult Parole Board.

But he killed Ms Siermans on April 6, two days before the scheduled meeting.

It is understood Community Correctional Services told the Adult Parole Board Dinsley had broken his parole conditions, but did not recommend that his parole be cancelled.

His parole was cancelled in his absence after the murder.

At Ballarat Magistrates' Court, Dinsley pleaded guilty to murder and attempted rape.

Ms Siermans, 29, a mother of one, was one of at least 12 Victorians to have died at the hands of parolees since 2008.

They include Jill Meagher and Sarah Cafferkey.

The board was warned five times about Adrian Bayley's behaviour in the year before he killed Ms Meagher.

Calling for an overhaul of the parole system, Ms Siermans's grieving dad, John, said his daughter should still be alive.

"She was wonderful. Nothing ever bothered her. She was just a wonderful kid," he said.
"Sure, I might be her dad, but that's the simple truth."

Mr Siermans said his daughter was a "one-in-a-million mother" who doted on her only son, Aron.
He said Aron was hiding in his bedroom while his mother was beaten to death.

Dinsley had not been out of jail long and had moved to the area just six weeks before the killing for a "fresh start".
He was paroled for the brutal drug-fuelled rape at knifepoint of a woman, 52, in St Kilda, whom he handcuffed and tied up.

Afterward, he tried to strangle her.

Dinsley had then been out of jail for just three months and had already racked up more than 20 court appearances. He was jailed for nine years with a non-parole period of 6 1/2 years.

Prosecutors argued this was manifestly inadequate.

The Court of Appeal agreed, but dismissed the DPP appeal because of a legal principle relating to a form of double jeopardy.

The principle requires that on appeal, a sentence somewhat less than that which should have been passed initially be imposed, because the person is being sentenced twice for the same crime.

Opposition corrections spokeswoman Jill Hennessy said Victorians were again horrified by parole failures.

"How many people have to die at the hands of parolees before the public get to scrutinise the system that is failing us?" she said.

"The system will not be properly reformed unless the Government is honest and open about the problems. Too many lives have been lost and the secrecy must end," she said.

The State Government is refusing to publicly release two reports on parole failings.

Corrections Minister Edward O'Donohue extended his sympathies to the Siermans family and acknowledged parole failures.

"We have already made changes to the parole system to tighten the regulations for parolees who reoffend while on parole, and to make breaching parole an offence," he said.

He said the Government was also considering former High Court judge Ian Callinan's review of Adult Parole Board operations.

Adult Parole Board general manager David Provan said Dinsley's parole was cancelled in his absence on April 8, on the grounds he posed an unacceptable risk to the public and had breached parole conditions.

He said the board hadn't been told he was under suspicion for further offending.

heraldsun.com.au  15 Aug 2013

So called 'glitches' in the system are factually deliberate loopholes, created by the law makers and supported by the politicians.

A professional in the system who does not wish to be identified commented that the 'system' lets out criminals so they can re-offend, so that more money goes into the coffers of the solicitors, lawyers and barristers hired to defend these criminals.

There are no 'glitches' when it comes to 'speeding' fines, or toll way fines.

There is no urgency to overhaul this part of the 'system'.

Laws are implemented literally immediately that bring in revenue for the government, e.g. the stealth installment of 300 speed cameras.

Rest In Peace to the beautiful souls who have lost their lives as a result of corrupt governance.



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