The Victorian Coroner has determined that the slaying of Jill Meagher was "preventable," given that her assailant, Adrian Ernest Bayley, ought never to have been roaming the thoroughfares.
Judge Ian Gray delivered his findings in written form on Friday, elucidating that the demise of Ms. Meagher, a 29-year-old ABC employee, resulted from the compression of her neck. However, she was ill-served by a parole system that failed to prioritize public safety. These findings mark the conclusion of one of the most notorious homicides in Victorian history.
Ms. Meagher was sexually assaulted and murdered by Bayley, who accosted her while she strolled down Sydney Road in Brunswick towards her residence in the early hours of Saturday, September 22, 2012. Her demise shocked and mobilized the Victorian community, with tens of thousands marching in solidarity, grieving alongside her parents and husband, Tom. In June 2013, Bayley was convicted of her rape and murder and received a minimum sentence of 35 years in prison.
Subsequent to Bayley's apprehension, the Victorian government enacted extensive legal reforms to tighten regulations governing parole in the state. Although Judge Gray acknowledged these changes as "significant and entirely positive," he noted that the overhaul of parole laws was still in its "nascent stage."
In Judge Gray's own language, Bayley was an individual with a "lengthy and disconcerting history of violent and sexual offenses." He had prior convictions for rape dating back to 1990. In 2001, Bayley faced 16 counts of rape against five women, resulting in an 11-year prison sentence with an eight-year non-parole period.
Released on parole in 2010, Bayley was in the community on bail and parole when he raped and murdered Ms. Meagher in a laneway off Hope Street. Judge Gray determined that Bayley should have been returned to prison months earlier when, during his parole, he was involved in an assault in Geelong, leading to a conviction for recklessly causing serious injury.
The findings cite a report from Ian Callinan AC, stating, "I believe that the Parole Board had both cause and opportunity to cancel Bayley's parole."
Meanwhile, a statement from Corrections Victoria revealed that Bayley, assessed twice in February 2010 prior to release, was deemed to have a "high" risk of sexual reoffending.
However, despite his high-risk level, the Sex Offender Program database continued to register an earlier "moderate" assessment, and Bayley was not considered for additional intervention programs.
"That, on its face, appears to be a flaw within the system at the time," Judge Gray remarked.
While the coroner opted not to conduct an inquest into Meagher's demise, he clarified that he issued the report because her case raised "matters of public health and safety and prevention opportunities."
"Gillian Meagher's death was preventable. A more rigorous, risk-averse approach by CCS [Community Correctional Services] and the APB [Adult Parole Board] would have led to the cancellation of Bayley's parole, either when charged with the Geelong offence or when convicted in the Magistrates Court."
"It was a flawed practice as it did not expeditiously bring dangerous and high-risk parolees to account. In this sense, it appeared not to prioritize the interests of public safety."
The coroner explicitly states that under the reforms instituted since Meagher's death, Bayley's parole would have automatically been canceled due to imprisonment while on parole.
Judge Gray refrained from making recommendations stemming from his investigation into Ms. Meagher's death, given the recent reforms to the parole system in response to a series of murders committed by parolees, including the deaths of Sharon Siermans and Sarah Cafferkey.
These reforms encompass the automatic cancellation of parole in cases where a prisoner, released on parole for a sexual offense or serious violence, is convicted of a sexual or violent offense during the parole period.
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