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

www.parliament.nz/PET_101335

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