Barlow calls for justice reforms
Convicted double murderer John Barlow has spoken for the first time since his release nearly five years ago, and called for a ‘‘truly independent’’ body to examine miscarriage of justice cases.
The former Wellington antiques dealer, now 68, is in a rare position to empathise with Teina Pora as Pora awaits the possibility of a third trial after the quashing of his murder conviction by the Privy Council.
Barlow is one of the few New Zealanders to have three trials on the same charges, of the execution-style murders of father and son Eugene and Gene Thomas in Wellington in 1994. His first two trials ended with the juries unable to reach a decision. He was finally convicted at a third trial in 1996.
He has watched other former inmates such as David Bain rejoice as the Privy Council quashed their murder convictions. However, his own appeal application was rejected in 2009, with the courts stating that the circumstantial case against him was ‘‘overwhelming’’, despite finding that flawed evidence was accepted in the third trial.
Barlow now wants the Government to establish an independent Criminal Cases Review Commission, and he wants it have similar powers to its equivalent in Scotland, which can consider any case it likes.
‘‘Short of a CCRC with wide powers or compelling new evidence, there is not much we can do,’’ he said about his own case.
‘‘It would also need to be truly independent. In this very small country, that would mean keeping any Ministry of Justice involvement to a minimum, and they certainly should not have any involvement in finding ‘safe pairs of hands’ to staff such an organisation.
‘‘In my case, the lawyer for my appeal [the late Greg King] tried hard to have my appeal heard by the New Zealand appeal court. Justice officials and the ‘independent’ QC were determined that my case would not be heard by that court.
‘‘We were refused permission and were forced to take the more difficult and expensive route to the Privy Council.’’
The Government has all but ruled out a review body, with Prime Minister John Key saying earlier this month that National did not support the idea.
‘‘We don’t, on the basis that 99.9 per cent of cases are very correctly judged and, in situations where there is concern, then there’s a proper process to go through.
‘‘Really you’d just be changing to a different forum for the way that you would judge appeals on existing decisions. I don’t think you would get anything better, and arguably you might get something worse.’’
Barlow was granted parole in 2010, after serving nearly 15 years behind bars for crimes he has denied from the outset.
He and wife Angela will soon celebrate their 45th anniversary, and he credits unwavering support from his family for enabling him to survive the psychological impact of prison.
‘‘It was very evident in prison that a large proportion of prisoners lose their partners [while in jail]. I was told on a regular basis by staff that my situation was almost unique in having such a sup- portive wife after so long in prison.
‘‘I felt that my real life was not in prison but still at home with a still totally supportive wife, children, extended family, and friends with whom I was in regular contact. Coming home, life continued as if I had only been away on a business trip.’’
Daughter Keryn has written a book about his case, and is waiting for more information about flawed FBI bullet analysis presented at his trial before publication.
In August, Barlow’s five-year special parole conditions will end, including a ban on owning firearms.
However, he said his past interest in firearms was minor, and peripheral to his hobby of collecting and restoring antiques.
‘‘I will not be having anything to do with firearms in the future.’’
One thing he remains passionate about is the importance of education for inmates, believing prisons need dedicated study units.
‘‘Evidence over the last 50 years in the United States shows that people who attain degrees while in prison almost never return to prison. That means no more victims, they can get a job and pay tax, and the state does not have to pay $100,000 a year to keep them in prison.’’
He assumed the mantle of mentor to other prisoners during his years behind bars.
One of those he helped credits Barlow with transforming his life.
Paul Wood, a convicted murderer, now has a PhD in psychology, and runs two businesses in Wellington and Auckland that aim to help people reach their full potential.
‘‘It’s what John did for me,’’ he says.
‘‘I definitely think my chances of being what I am today would have been significantly reduced if I hadn’t have had positive mentoring from John.’’
The pair first met in Wellington’s Mt Crawford prison in 1996, but Wood says he rejected Barlow’s initial offer of educational help.
‘‘At the time, I wasn’t receptive at all. I was still an angry young man.’’
A few years later, the pair reconnected in Paremoremo and Barlow raised education again, by which time Wood was more receptive.
By the time they met again in Rimutaka Prison, Wood had started his undergraduate studies. Barlow gave him great support, proofing and discussing his assignments.
They have stayed friends since both were freed on parole for life, with Barlow attending his PhD graduation in 2012.
Since leaving prison, Barlow has filled his time with maintaining and improving the Pukerua Bay home he and Angela own, as well as his hobby of restoring antiques.
‘‘Life is currently most enjoyable and now includes a grandchild. We have no specific plans other than to continue to enjoy life.’’
But as a lifer on parole, he faces permanent restrictions, such as regularly checking in with his probation officer.