Alex Caruana, John Mikita and Leanne Castley (from left) have opposed the potential release of a double murderer. Photo: Albert McKnight/Michelle Kroll.
CONTENT WARNING: This article may distress some readers.
The top body representing police, a victims’ advocate and the ACT’s opposition are lining up to oppose a brutal double murderer’s potential release from prison.
The case has also resulted in a call for a review into the laws that allow killers serving life sentences to be released from custody.
Scott Alexander McDougall, then aged 34, killed 48-year-old Struan Bolas and 35-year-old Julie Sarah Tattersall by repeatedly attacking them with a meat cleaver at a home in Downer in September 2008.
The Queanbeyan man then set fire to the house and his victims were found dead, both with significant injuries, after firefighters arrived to extinguish the blaze.
A judge-alone trial in 2011 found McDougall guilty of two counts of murder and he was sentenced to life imprisonment on both counts.
When he was sentenced, it was reported he was not given a parole period, but would be able to apply to the Attorney-General for a “licence for release” after 10 years.
This week, the Australian Federal Police Association (AFPA) expressed deep concern about McDougall’s application for transitional release.
“The AFPA strongly opposes any consideration of his release,” AFPA president Alex Caruana said.
Transitional release is a short-term leave from custody to support a detainee in reintegrating into the community.
John Mikita, the grandson of Irma Palasics, who was killed in a violent home invasion in November 1999, has launched an online petition to prevent McDougall’s potential release.
The petition demands Attorney-General Tara Cheyne listen to the community’s outrage.
Mr Mikita told Region he had been in contact with the families of Mr Bolas and Ms Tattersall, and he launched the petition to gather community support and show ACT lawmakers they wanted change.
“The victims are the ones who are going through life sentences, not the people who are offending,” he said.
Canberra Liberals leader Leanne Castley said her party agreed with the AFPA in opposing a possible transitional release of McDougall.
“The Canberra Liberals will seek a meeting with the Attorney-General to discuss whether the existing laws on early release for serious crimes such as murder provide adequate protection to the community,” she said.
Reports have been made that double murderer Scott Alexander McDougall has applied for a transitional release program, which would see him released from custody if successful. Photo: Michelle Kroll.
Mr Caruana said the AFPA was also concerned about legislation that allows a person who has served just 10 years of a life sentence to apply for early release.
“This provision raises serious questions about whether the justice system is adequately protecting the community from individuals who have committed the most serious and violent crimes,” he said.
“We urge the relevant authorities to reject any application for release, and we call on the ACT Government to review the laws and legislation that allow people serving consecutive life sentences to be considered for release.”
Mr Mikita said the way offenders could apply for transitional release was wrong.
“If someone is serving jail time for murder and received a life sentence, that means they should be behind bars for life and they shouldn’t be out in the community,” he said.
“It’s a slap in the face for their victims’ families.”
An ACT Government spokesperson confirmed a person serving a life sentence can apply to the Attorney-General for release on licence after serving a minimum of 10 years.
However, making an application does not guarantee or even imply that they will be released.
“Release is not automatic, and any decision is informed by advice from the ACT Sentence Administration Board and extensive legal and public interest considerations,” the spokesperson said.
“Every application is assessed on a case-by-case basis, with community safety as the primary concern.
“Release on licence is only granted in rare and exceptional circumstances.”
The ACT Government says Attorney-General Tara Cheyne is not involved in individual operational decisions about detainee classifications or program placements. Photo: Michelle Kroll.
When asked if Ms Cheyne was taking any action in response to McDougall’s potential transitional release, a government spokesperson said the Attorney-General was not involved in individual operational decisions about detainee classifications or program placements as ACT Corrective Services makes these decisions.
When asked if the government would review the laws that allow people serving consecutive life sentences to be considered for release, the government spokesperson said that any consideration of legislative change would be approached in consultation with key stakeholders, legal experts and the community.
“While there is no formal review currently underway, all relevant laws remain under active consideration and subject to ongoing evaluation,” they said.
Agreed. Have seen how slumgahlin is starting to look? View