School athletics organisers find broken glass scattered on field, police pay issues rise amid the new minister’s expectations and why more Kiwis are buying second-hand this Christmas in the latest NZ Herald headlines. Video / NZ Herald / ABC Australia
A disgraced real estate agent jailed for 12 years for repeatedly sexually abusing an underage girl has been refused parole after it emerged his victim has since attempted suicide and required therapy.
The man’s former employer and a relative of one of the girls both criticised authorities for allowing an accused child sex offender to continue selling homes and not warning his firm or unsuspecting clients.
She attempted suicide in the aftermath of the court case and is now receiving therapy as part of her recovery.
“Jason has taken away the small window of innocence that [my daughter] had, he selfishly stole [her] childhood and left an imprint that will last a lifetime,” the mother told the Parole Board.
“He is a deceitful predator who acted with intent to satisfy his own demented needs.
“I firmly believe Jason is an unsafe person to release into society without rigid conditions, monitoring and curfew restrictions. I believe he needs to remain in prison.”
Jason Mark O'Reilly was jailed for 12 years for molesting a young girl. He has been declined parole.
The parole decision says the mother was very concerned about O’Reilly’s risk of future offending, “particularly given his manipulative and malignantly cunning approach he took to conceal his offending over an extended period of time”.
It notes O’Reilly sought to minimise his culpability during his trial, arguing the charges against him were “at least in significant part fabricated” by the victim.
This was rejected outright by the jury and sentencing judge, who described O’Reilly as a high-risk, untreated sex offender.
O’Reilly was granted permanent suppression at the time after arguing identification as a child sex offender would put him at risk in prison.
After hearing from O’Reilly at last month’s hearing, the Parole Board said it was apparent that he was still “significantly minimising” his culpability.
“Although he superficially acknowledged that he had ruined a lot of lives, it seemed also apparent that he was avoiding accepting himself the enormity of his own offending.
The board recommended O’Reilly undertake the child sex offenders programme before undergoing a psychological assessment to assess any treatment gains.
O’Reilly’s next bid for parole is November next year, but the board gave “no promises” as to the outcome of future hearings.
Jason O’Reilly’s case highlighted weaknesses in the Real Estate Authority’s licencing system
The Herald began reporting on the case in 2017 when O’Reilly was working for Harvey’s Real Estate in Papakura while awaiting trial.
One of his victims revealed the abuse in 2016 and a police investigation was launched.
The Real Estate Authority (REA) cancelled O’Reilly’s licence later that year for failing to disclose he was under police investigation and facing pending charges.
Harvey’s Papakura principal Darren Brady said at the time he was aware O’Reilly faced criminal charges but thought they related to a relationship issue.
The firm felt O’Reilly deserved a “fair hearing” and chose to support him after taking advice from police and the REA.
However, Brady said he would never have given O’Reilly a job had he realised the severity of the charges. He questioned how O’Reilly had been allowed to keep his licence while awaiting trial and why Harvey’s had not been informed by authorities.
“That is a cock-up.”
The Herald was only able to identify O’Reilly and reveal he had worked as a licensed agent in 2019 after the Crown successfully challenged his permanent suppression order following a failed appeal by O’Reilly against his sentence.
After learning O’Reilly was able to work as an agent while awaiting trial, then Associate Justice Minister Aupito William Sio said he was extremely concerned if any consumers were put at risk.
“The licensing system is designed to balance consumer protection and public interest in a way that is consistent with the principles of natural justice.”
Then Consumer NZ chief Sue Chetwin said O’Reilly’s case highlighted weaknesses in the licensing system, which should be focused on keeping consumers safe.
She felt authorities should have the ability to suspend an agent’s license pending the outcome of a criminal trial and that consumer safety should trump a person’s right to the presumption of innocence.
Former Consumer New Zealand chief executive Sue Chetwin Photo / Brett Phibbs
Then Real Estate Institute chief executive Bindi Norwell said the case highlighted how there were only limited reasons that a license application or renewal could be declined, and a law change was needed.
“The situation with Mr O’Reilly is a case in point.”
REA chief Kevin Lampen-Smith defended his agency’s handling of the case.
Asked if the case highlighted weaknesses in the licensing system, Lampen-Smith said: “This case upholds the legal principle that any person is assumed innocent until convicted.
“Once the conviction was determined, then REA applied the fit and proper test and Mr O’Reilly was no longer able to operate as a licensed real estate person.”
TIMELINE OF EVENTS
• February 22, 2016: O’Reilly completes REA online licence renewal application which includes a police vetting authority form.
• June 3, 2016: The police advise REA of an outstanding indecent act charge.
• August 3, 2016: Police advise REA of 12 additional charges.
