Killer seeks judicial review after he alleges Corrections failed to rehabilitate him

Rapist and murderer Richard Genge will remain at Christchurch Men's Prison after a failed attempt for release following a judicial review. Photo / Christchurch Star

A convicted murderer and rapist has failed in his bid to be released and be awarded damages after arguing the Department of Corrections failed to rehabilitate him to allow him to reasonably be granted parole.

In 1995 Richard Genge was sentenced to life imprisonment with a minimum non-parole period of 15 years for murder.

He was sentenced concurrently to 12 years' imprisonment for sexual violation by rape and remains confined in Christchurch Men's Prison.

Genge murdered and raped Christchurch woman Anne Maree Ellens in the grounds of Christchurch East Primary School in 1994.

He was denied parole when he first appeared on September 29, 2009 and has been denied a further nine times, most recently on May 30, 2018.

Genge sought a judicial review through the Christchurch High Court arguing that he had been "arbitrarily detained".

Documents submitted to the court stated that "the broad basis for Mr Genge's claim is that the Department of Corrections has failed to provide interventions or rehabilitative programmes to accommodate his specific needs".

"As a result, he has been denied the opportunity to present at the New Zealand Parole Board with a realistic prospect of being granted parole and his detention, Mr Genge says, has become unlawful and arbitrary."

Department of Corrections chief executive Ray Smith said the Department had done all that can reasonably be required of it to offer and make available to Genge appropriate rehabilitative interventions.

"Genge has refused to co-operate with departmental psychologists."

After reviewing both Corrections and Genge's evidence the judge concluded Genge was either "unable or unwilling to engage with departmental psychologists, and departmental psychologists have been unable to establish a working relationship with Mr Genge".

"Genge is 'sick of people telling him what to do and wasting his time'.

"The evidence shows Mr Genge demands treatment 'on his own terms' and that he appears unable to focus on the role his own behaviour has played in treatment failures."

The department had invested $12,600 plus GST in a bi-cultural therapist for Genge.

"Genge has had ample opportunity to engage but has resisted engagement on terms other than his own", said Smith.

"Consequently, Mr Genge remains assessed as at high risk of violent reoffending and medium-high risk of sexual reoffending."

The result of the case was that Genge's application for review was dismissed.

Appealing decisions through the courts is no new occurrence for Genge.

In 2013, Genge was convicted of behaving in "an offensive, threatening and intimidating" manner towards a prison doctor.

Last year, he appealed the decision, claiming there had been "a breach of natural justice" because he was not notified of the date of the hearing until the day before and was unable to arrange a material witness.

In 2016, Genge applied to the High Court of New Zealand for $100 for every day he spent as a high-security prisoner over two months in 2013.

Justice David Gendall rejected his claims in December, saying due process had been followed and ordered Genge to pay $22,087 in costs. Security for costs was set at $6600.

Genge then lodged an appeal against the costs judgment on the grounds that he cannot afford to pay.

He argued that he was impecunious because as a long-term prisoner he is currently earning $2.70 per week from the prison unemployment benefit.