Legal bid by killer to have family visit
Killer Phillip Smith is challenging a decision that restricts him from seeing family members.
Smith, who has taken legal actions over the decisions around his prison term, appeared at the High Court in Wellington yesterday by audio-visual link, acting for himself around what visits he is allowed.
In the past, he has sued over his rehabilitation needs, his wig, grooming products, and his security classification.
He is serving a life term imposed in 1996 for murdering a man in Johnsonville while on bail for sexually abusing the man’s son.
Smith outwitted authorities, renewed a passport in 2013 under his birth surname of Traynor, bought a plane ticket and flew to Chile while on temporary release from prison in November 2014. He was captured in Brazil 22 days later.
A decision from the prison director meant Smith could call, send letters and presents to his family members but they could not visit. He appealed but was declined, and has now gone to the High Court.
He told the judge that the reasons provided to him cited the circumstances of his offending but Smith believed there were other reasons he was not told about. He also claimed it was a breach of the Bill of Rights, which includes freedom of association.
The lawyer for the attorneygeneral, Daniel Jones, said it was an administrative decision based on the potential for Smith to manipulate visitors.
He said it was not a closed door situation as the application for visitors could be renewed.
The judge reserved his decision.