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Murder and rapist Richard Lyall Genge protests his imprisonment

Richard Lyall Genge was convicted of a murder and rape committed in 1994 and says he was denied rehabilitation needed ...

STUFF

Richard Lyall Genge was convicted of a murder and rape committed in 1994 and says he was denied rehabilitation needed before he could be released. (File photo)

Murderer and rapist Richard Lyall Genge is again arguing he is being unlawfully held in prison, where he has been since 1994.

At a hearing at the High Court in Wellington on Monday, Genge represented himself from an audio-visual room at a prison. He left the door of the room open. He said it was about 1m square and would quickly get too hot.

“I will be sweating in about 15 minutes then I’m going to start stripping off, so I don’t think the court room would want to see that.”

“You are probably right,” Justice Karen Clark agreed.

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Genge was convicted in 1995, with Samuel Kirner and Michael October, of raping and murdering Anne Marie Ellens in Christchurch in 1994.

According to a pathologist, Ellens suffered a prolonged assault in which she was held by her hair and her head was bashed against concrete steps at Christchurch East School.

Shortly after the trial, Genge appealed against the rape conviction and his minimum 15-year sentence of life imprisonment, but abandoned both appeals in 1996 when he did not get legal aid.

He has repeatedly tried to get his case reopened and challenged his imprisonment.

Monday’s case was about his eligibility for parole. He told the judge that his sentence should have been administered under the Criminal Justice Act 1985, but the authorities were using it selectively, and for some purposes the Parole Act 2002 was wrongly being applied to him, he said.

Unless expressly stated no law should be applied retrospectively, he said.

Genge said he was denied access to the rehabilitation programmes he needed to do before he could be released.

The parole board wanted him to have counselling, but it took over two years for him to see a psychologist, he said. Then he was told he was not recommended for rehabilitation.

Genge became eligible for parole in 2009 and was last before the board in September. He was declined parole and was due to be seen again in May, 2018, he said.

The hearing was due to finish on Monday.


 – Stuff

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