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Sunday, July 11, 2010

Murderer sues for compensation

Original article here.
By David Fisher
4:00 AM Sunday Jul 11, 2010


The inmate who murdered a teenager in the back of a prison van has been paid $20,000 in legal aid to sue the Government for abuse he claims to have suffered as a child.

George Charlie Baker, who is serving a minimum 18-year jail term for the 2006 killing of Liam Ashley, has now been approached by the Ministry of Social Development to negotiate a settlement.
A ministry spokeswoman said: "The ministry has offered to work with Mr Baker to resolve his claim. This offer is open to any person who believes they came to harm while in state child welfare care."
Baker made the claim after being sent to prison for the brutal killing of Ashley, 17.

After the attack, Baker told security guards: "[Brother] you better pull that guy out, I just killed him. He isn't breathing." Ashley later died in hospital.


Liam's father, Ian Ashley, is furious about the legal aid and the possibility he could receive compensation.

"Our murderers and most violent offenders in this country should have no rights as far as I am concerned," he said.
It emerged after sentencing that Baker had been in foster homes since age 11 after his mother Denise Boynton turned to Child Youth and Family for help.

Details of Baker's allegations are unknown. The case was among a number of those filed with the High Court at Wellington by people previously in the care of the state.
The Legal Services Agency said Baker received $19,474 in March 2007 to take a case for "exemplary damages".

Rethinking Crime and Punishment leader Kim Workman said Baker was entitled to the same access to legal aid as everyone else.

"A victim is a victim is a victim, regardless of the fact that 20 years later he commits a shocking criminal offence," he said.

Workman said society tended to change its opinion on victims once they committed a crime.
"They're relabelled, they're no longer victims, they're offenders and there's no compassion or understanding at all."

Sensible Sentencing spokesman Garth McVicar described the compensation claim as "ultimately opening up a can or worms. You've just got to be suspicious of 'why now?"'

McVicar said he would like to see prisoners lose their right to make claims.

A Ministry of Justice spokesman said any compensation paid to Baker would not be covered by a law introduced to stop prisoners getting taxpayer money while behind bars.

The Prisoners' and Victims' Claims Act - extended for another two years earlier this month - forces prisoners to surrender compensation to the victims of their crimes.

But the nature of the claim, based on allegations by Baker about treatment as a state ward, means any compensation would be paid to him.

The spokesman said: "Any victims of the offender may still be able to take a civil claim in tort against the offender."

Liam's father said the family didn't want to have anything to do with Baker.
He said he wouldn't be looking at a civil claim if he was awarded compensation.

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