Victims of violent crime have the right to know what their offender looks like when released into the community, it
seems obvious to the Sensible Sentencing Trust (SST) if only for the future safety of the victims, but our New Zealand
law seems to differ.
The New Zealand Department of Corrections are unable to uphold a victims request to possess a recent photograph of
double murderer Gresham Marsh, citing NZ’s Privacy Act.
It is 26 years since John and Josie Harrisson were murdered in their home by Gresham Marsh and accomplice Leith Ray.
Marsh was released on 24th August this year, even though still assessed as being at high risk of reoffending, which
fuelled serious concerns with the Harrisson’s eldest daughter Margaret Jamieson and her husband Jock.
There is an exception in the Privacy Act which would allow them to receive a photograph if it was deemed “necessary to
prevent or lessen a serious threat” to someone’s life or health or public safety (principle 10(1)(d).
Sensible Sentencing Trust spokesperson Jock Jamieson said “The principle clearly applies in this case and the Department
of Corrections should be acting on that principle and supply what the victims require to feel safe; a recent photograph
of Gresham Marsh for us to hold. How hard does that have to be!"
SST National Spokesperson Jess McVicar said while she understands Corrections position and concerns, she believes the
legislation needs to made clearer and amended to uphold victims rights.
“We believe victims of serious violent crime have the right to be able to feel safe upon their offenders release, many
features change over long periods. In Marsh’s case he had his distinctive tattoo removed while in prison, so there is no
accurate way to identify him. This will be similar for many serious violent offenders and we believe it is absolutely a
victims right to be given the opportunity to ensure they are able to keep themselves safe."
Jess said with the offenders being able to disguise themselves by changing names and protecting their identity, this is
the only opportunity for victims to protect themselves.
Sensible Sentencing Trust have started a petition to request for legislation amendments for Victims’ right to receive an
updated photo upon long term offender’s release