Thursday, September 20, 2012

Wife killer to apply for custody of kids--with help from the taxpayers (Queensland, Australia)

If UNNAMED DAD had any decency at all, he'd leave these kids alone so they had some chance of healing. But because he's the king of all douchebags, he's gonna continue to traumatize them in anyway he can.

Douchebags will always be with us. But the law--with the help of the taxpayers--doesn't need to play the role of douchebag enabler. For this we can blame the Australian fathers' rights movement.

Wife killer to apply for custody of kids

Ainsley Pavey
The Courier-Mail

September 21, 201212:00AM

A CONVICTED killer who strangled and stabbed his wife to death in the presence of their three small children is set to seek custody.

And his legal fight will be funded by the Queensland taxpayer while the devoted children's guardian will have to stump up his own money to avoid the "partly psychotic'' killer regaining custody of the children.

The law allows for the killer to apply for custody once he finishes his sentence.

He can apply for parole in April next year after he was jailed last year following a Mental Health Court ruling that the heavy cannabis user had "diminished responsibility" for his crime.

He strangled his wife and then stabbed her to death in the presence of his children, who were aged 1, 2 and 4 at the time. The Courier-Mail is unable to identify the killer for legal reasons.

Last month, an appeal by the previous attorney-general failed to increase his nine-year manslaughter sentence.

The state's Attorney-General Jarrod Bleijie has so far ruled out taking the case to the High Court.

Mr Bleijie, who has been campaigning for tougher sentences since the LNP's election, said the man was due for parole in April 2013 after being on remand for the crime since his arrest in 2008.

"At this point, his application will be reviewed by the parole board," Mr Bleijie said. "Parole is not a given."

He said legal aid funding was determined on a "case by case basis" and there was nothing stopping the killer from seeking custody at this stage.

"There is no provision in the Child Protection Act that states convicted murderers are unable to apply for custody of children,'' Mr Bliejie said.

"Those convicted of manslaughter are not prevented from applying for custody.''

The victim's family have demanded an overhaul of the Child Protection Act to stop the custody bid, arguing they have spent $7500 so far to get guardianship through the courts.

It is likely a legal bill to fight for custody of the children will run into the tens of thousands of dollars.

One family member told The Courier-Mail the eldest child could describe the entire attack in "vivid detail".

The children, now aged five, six and eight, have been undergoing counselling since learning of the killer's plans to apply for custody.

"They fear him," the family member said. "The mental shock has been terrible.

"He is the surviving parent, he is partly psychotic and the law should be that you lose your rights to your kids. It is bad enough that they had to see it."

The killer pleaded guilty to a lesser charge after he was originally charged with murder. He was sentenced on the basis of the Mental Health Court ruling he was delusional and wrongly believed his wife and her family were trying to steal his money, take his children and poison him.

A Department of Child Safety spokesperson has refused to comment on the case.

But DOCS has confirmed "parents retain their parental rights and responsibilities" to their children unless they are "extinguished or limited" by either the Family Court or Children's Court.