|
Now his traumatised father wants help to stop one of the killers getting parole.
Murder Feels Like Only Seconds Ago
Kevin Riley at the scene of the murder in 1989
IT was 15 years ago that
Shaun Phillips, 7, was murdered but it still feels like
barely an instant ago for his
father Gary.
News that one of his son's two
killers, Kevin Kenneth Riley, had
applied for parole after serving 15
years of a 23-year jail term, has
rocked Mr Phillips' already fragile
existence.
It's recalled for him the painful
agony of 1988 when Shaun disappeared while riding his tricycle
outside Mr Phillips' house on
Burbridge Rd. Brooklyn Park, before his strangled and brutalised
body was found two hours later
only 500m away.
He recalls the agony of 1989,
when he sat through the subsequent murder trial.
Riley, then 27, and his brother
Jim Paul Riley, 28, were convicted
of murdering and attempting to
rape Shaun.
Jim Riley, who pleaded guilty to
murder, received a 28-year non-
parole sentence.
Mr Phillips is pleading with the
Parole Board to refuse Kevin
Riley's application.
"He has only served 15 years...
I realise that be was given an
automatic one-third off his sentence for 'good behaviour' but I
cannot accept the possibility that
he could be free as early as August
20, Mr Phillips said yesterday.
'To us it feels like only 15 seconds since we lost Shaun but that
is normal for victims of all crimes.
"I've always been an extremely
introverted person and becoming
a father helped me to change that
and get involved with Shaun's
school and his friends but now
I've gone back to my old self and
that is really sad."
Mr Phillips said he found out
about Riley's application six days
ago and decided to speak publicly
so former school friends of
Shaun's would be aware of the
parole application and might
want to write to the Parole Board
by the June 12 deadline.
"I haven't even come close - if
ever - to getting my life back but
I thought anyone who knew
Shaun might want to express
their feelings as to how his loss
affected them." the electrical fitter said.
"I think this will come as quite
a shock to them.
"I trust the Parole Board will do
the right thing but I thought it
would be good- to give them as
much guidance as possible and
this can only come from the
people who knew and loved
Shaun. I also realise that Sbaun's
death affected the whole community greatly in 1988. Other
people might want to contact the
board with their concerns.
"I'm a fair person, they have to
prove this guy has changed... the
question is has he? I just want the
community to be safe."
Mr Phillips is disturbed that
Kevin Riley told the court at his
trial he had sexual intercourse.
with Shaun when he thought he
was dead.
"That's not stable thinking." he
said.
At the brothers' sentencing,
trial judge Justice Matheson said
Jim Riley had a mental age of
eight and Kevin a mental age of
seven.
Judge's Comments Hold Key
THE Parole Board can
extend the non-parole
period of Kevin Kenneth
Riley's prison term,
based on sentencing remarks by the trial judge.
On August 2, 1989, Justice Matheson told the
brothers: "Your intelligence is not so low that
a long period in prison
will not bring home to
you how terrible your
crimes were.
"I have also taken into
account that if, when the
time approaches for
your release from prison,
indications then are that
you will constitute a
danger to the public
upon release, the crown
can apply to extend the
non-parole period."
While both brothers
were of low mental ages.
neither had any psychiatric disorder.
The board recently refused
to consider an eligible parole application
from another convicted
murderer until he had
undergone further psychiatric treatment.
Board Powers Under Review
A SPOKESWOMAN for Premier
Mike Rann, whose government
has overturned three parole applications. said any Parole Board
recommendation would go before
the State Cabinet and no comment would be made until then.
Parole applications by three
convicted murderers have been
overturned by the State Government since April, 2002.
Earlier this year, the Government overturned the Parole
Board's recommendation to release Allan
Charles Ellis, convicted of a brutal race killing in
1982.
A row erupted in 2002 after the
government refused to allow the
release of convicted murderers
James David Watson and
Stephen Wayne McBnde.
Last month the Government announced a review of the Parole
Board's powers, after concerns
were expressed about the automatic release from prison of some
offenders - pedophiles in particular. "The Government is
concerned that the procedures and
legislation under which the Parole
Board operates do not expressly
provide for community safety or
take into account the concerns of
victims," Mr Rann said.
Terms of reference for the review, to be
conducted by Department of Premier and Cabinet
chief executive Paul Case, include
whether to empower the Parole
Board 10 refuse to tree prisoners
serving less than five years.
Sunday Mail (8-6-2003)
Megan Lloyd
|
|