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Home / New Zealand

'He must stay in jail'

By Stephen Cook
7 Jul, 2007 05:00 PM4 mins to read

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Six years ago Bernadette Simmons lost her fiance and best friend. Tomorrow she will tell the Parole Board why one of those responsible should remain behind bars.

KEY POINTS:

The former girlfriend of slain pizza delivery worker Michael Choy will tomorrow appeal to the Parole Board "for sanity to prevail" as fears mount that the country's youngest killer could be back on the streets within the next few weeks.

Eighteen-year-old Bailey Junior Kurariki has spent the past
six years behind bars for his part in the brutal murder of Choy, who was clubbed to death with a baseball bat in September 2001.

Kurariki is up for his third parole hearing this month, and tomorrow the board will hear submissions from Choy's mother Rita Croskery and former girlfriend Bernadette Simmons outlining why they believe he should serve out the remaining 14 months of his prison term.

Simmons was Choy's partner for 11 years and, until now, has chosen to remain silent about the impact his death has had on her life.

She told the Herald on Sunday Choy had been her "best friend and love of my life" and while she'd forgiven his killers she could never forget the brutal way in which his life had been prematurely snuffed out.

She has not previously appeared before the Parole Board, but had decided she now had to do everything within her power to ensure Kurariki served out the remainder of his sentence. "For me it's like this [Choy's murder] happened yesterday," she said.

"If Kurariki had any remorse for his actions he would serve out his sentence and stop putting us through these endless parole hearings."

In January, parole was declined for Kurariki after the board determined that there was a "very high risk" of his reoffending.

The board was also not confident Kurariki's family had the "skills or wherewithal" to provide the type of supervision required to ensure he remained out of trouble.

Kurariki has been in 19 fights with fellow inmates during his time in prison, which the board said "demonstrates clearly a willingness to offend against others - and in a violent way."

Last month, Kurariki's mother Lorraine West told 60 Minutes her son "was no killer". It was more a case of his being in the wrong place at the wrong time, she claimed.

She believed he was ready to be released and would make a good go of being a law-abiding citizen.

However, Croskery told the Herald on Sunday she believed Kurariki was more dangerous now than he was six years ago. His time in prison had exposed him to all sorts of criminal activity and the chances of his reoffending were high, she said.

Nevertheless, she feared the board would ignore her calls for Kurariki to serve out the remainder of his sentence and release him this month.

For that reason Simmons had chosen to address the board for the first time, Croskery said.

"She has never got over Michael's death. She is so upset at the thought of him [Kurariki] getting out. She wants sanity to prevail."

"We do not believe he is in the slightest bit remorseful and that is what I will be telling the board tomorrow. He should serve his time."

Croskery said if Kurariki was released she did not want to see him - or even want an apology from him. Nothing would bring her son back, she said. "I can't forgive him for what he did to Michael - and that's what I'll be telling the board."

Croskery said Simmons still attended most family functions, but had found it especially difficult trying to put the past and Michael's death behind her. "She was so devoted to him. When he was murdered, her life was taken away. He was her love."

Parole Board chairman David Carruthers stressed no decision had been made either way on Kurariki. As in all cases, the main priority, he said, was the safety of the community.


The story so far

September 2001: Kurariki, aged 12, and five other teenagers kill Auckland pizza delivery man Michael Choy.

September 2002: Kurariki is convicted of manslaughter and sentenced to seven years in prison.

June 2003: Kurariki and one of his co-accused take their case to the Court of Appeal.

September 2003: The Court of Appeal rejects the applications.

February 2004: Kurariki is moved from Christchurch's Kingslea Residential Centre to Manukau.

July 2004: Kurariki's request to take his case to the Privy Council is dismissed.

August 2004: Kurariki is moved from the Manukau facility to one in Hawke's Bay facility for causing trouble.

January 2006 and 2007: Kurariki's parole is declined.

July 2007: Kurariki up for parole for a third time.

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