Time our sentencing laws were reviewed
THE Linda Reed murder at Pacific Fair just before Christmas 1983 broke the Gold Coast’s innocence. The young McDonnell and East shop assistant was eating lunch in her car when abducted.
Her cold case and news of the pending release of a serial rapist now puts a spotlight on our justice system.
Much of the reporting into the Linda Reed case has been about new DNA technology which police allege links microscopic skin-cell samples found on the 21-year-old’s body to Troy James O’Meara, who has been charged with rape and murder.
The other focus has been on the original suspect, Craig Andrew McConnell.
A convicted double murderer, he has been operating an auction house in New Zealand since 2003.
In May this year a South Island local newspaper ran a story as he prepared to auction The Rangatira, a historic vessel. No mention was made about the killings of Tweed Heads sex shop owner Kevin Mannix and prostitute Lovina Cunningham.
So life, for some, can and does move on.
Mannix had four stab wounds to the chest, one 14cm deep, which went through his heart, and another 16cm deep, cutting the aorta.
Cunningham had her throat cut, severing the voice box and exposing her spine.
Mannix allegedly owed McConnell and his friends $10,000. The friends accused McConnell of wanting to murder sex workers and steal their cash.
He was 20 when sentenced to two life sentences. The parole board released him in 2003 at age 38.
A legal source explained this week: “What it means is you can be sentenced to prison and spend up to life. But in other states they have a sliding scale for murder. It is something we should have in Queensland.
“There is a very large difference between a bloke who is 80 and married to the same woman for 60 years. She’s demented, dying of cancer, in agony, and as an act of mercy he takes her life. Compare that to say a psychopathic murderer or a hit man who does it for a living for money.
“In Victoria, those sorts of actions will get you 45 years or never-to-be released. This is because the court can take into account the sliding scale. While all life is precious, logic suggests there are all different types of murders and effects from them.”
When McConnell was sentenced, parole could be considered after 15 years. Now it’s after 20 years, or for two murders after 30 years.
By 1987 McConnell was reported to be a model prisoner at the Boggo Road library, taming a cockatoo called Skits which faced being put down for biting people.
He always maintained he never killed Ms Reed. After O’Meara’s arrest he told the Bulletin: “How do you think I’d react to it? If you go and look back at the trial and look at the evidence the police brought up and all the rest of it, there’s your answer. How would you feel? If you went through my situation how would you feel?”
Parole considers rehabilitation. Defence lawyers believe that can happen for many clients.
All of this leads to the debate about serial rapist Robert John Fardon, due to be released in October.
In 2008, when suddenly less restricted at Wacol, Fardon drove down to the Coast with a mate, shared a bottle of rum before allegedly raping a mentally impaired woman.
NSW Premier Bob Carr at the time was toughening laws on “never-to-be released”.
Thirty years must pass before parole could be considered, and then “serious weight” had to be given to the comments of the original sentencing judge.
Release was only possible if a prisoner lacked the physical ability to harm, was in imminent danger of dying or posed no risk to the community.
The legal argument now being put in favour of Fardon’s release, at its simplest, is at 69 he’s too old to be a menace.
Law makers should ask his victims. They should remember Linda Reed, working in a jewellery shop, newly married, saving for a home. Presents on the back seat.
Life is precious.
The timing of Fardon’s release shines fresh light on the need for a review of sentencing laws.