Adrian Bayley in court battle to win legal aid to challenge sentences
Convicted murderer and violent serial rapist Adrian Bayley has launched a Supreme Court battle to win access to legal aid funds to challenge his current non-parole period.
Victoria Legal Aid (VLA) has rejected a funding application from the sex predator, who is attempting to appeal his non-parole period of 43 years.
The 35-year-non-parole period Bayley received after raping and murdering Jill Meagher was extended to a minimum of 43 years after he was convicted for the horrific rape of three more women.
He is currently not eligible for release until 2058 and will most likely die in jail.
Bayley is appealing the sentence, arguing it is clearly excessive and is also challenging two of the rape convictions.
He is also now challenging VLA’s refusal to fund the appeals in the Supreme Court, reports The Australian.
His lawyers claim the decision to refuse him funding is incompatible with the Charter of Human Rights as it denies "the right of any person convicted of a criminal offence to have the conviction and any sentence imposed in respect of it reviewed by a higher court".
Documents filed with the court allege the VLA refused to fund the appeal because of "an important public interest in ensuring public confidence in VLA's stewardship of the funds which are limited”.
In legal action against VLA independent reviewer John Nixon lawyers for Bayley, who are acting pro bono, say he is being treated unfairly.
The Australian reports that Mr Nixon was brought in to review VLA managing director Bevan Warner’s personal refusals to fund the appeals.
Court documents claim Mr Nixon made his decision even though it was likely the Court of Appeal would allow Bayley to lodge appeals against his conviction.
Bayley’s lawyers have asked the court to set aside Mr Nixon's judgment and order him to "remake the decision according to law."
However the decision to deny Bayley access to funding has been vigorously backed by Victorian Premier Daniel Andrews, who says VLA have made the right call.
“I support them in defending the judgement that they have made, to deny Adrian Bayley any public resources at all,” Mr Andrews said.
“If the Government needs to join that action then we will.”
Opposition leader Matthew Guy said the Victorian community had "had enough" of Bayley.
"I don't think anyone has any sympathy, now this has been through the courts, he's been sentenced and to cause even more heartache for the family of Jill Meagher and indeed for the entire community I just think is despicable."
