'This is just a kick in the teeth'- Victim's family

Karen Edwards (pictured) says any compensation should be given to his two children. Photo / Michael Cunningham

Any compensation a Northland murderer gets for being left with brain damage after an assault in the Serco-run Mt Eden prison should go to his two children, their grandmother says.

Killer Jimmy Akuhata was bashed by a "fight club" gang member drunk on moonshine while on remand at Mt Eden prison and is seeking punitive damages after he was left with serious brain injuries, his lawyer said.

Murdered: Ashlee Edwards

Yesterday marked three years since Akuhata murdered the mother of his two children Ashlee Edwards, 21, by pushing her off a bridge in central Whangarei, grabbing her hair and holding her under the water until she showed no signs of life. Before being sent to Paremoremo to serve his life sentence, with a 15-year, non-parole period, Akuhata was held on remand for six months at Mt Eden where he was seriously assaulted by his cellmate.

Akuhata had to learn how to walk again after the assault and is now seeking punitive damages against Serco.

Ashlee's mother, Karen Edwards, told the Northern Advocate she supported an investigation into the prison but said any compensation should be given to his two children - of whom she now has custody - or a charity to help families of murder victims.

The announcement has come as a "kick in the teeth" for Ms Edwards.

"Why is this about money for him? It's his intentional actions that have cost us, the victim's family and tax payers. Then there is the cost of life of his children's mother and you can't put a price on that," she said.

"I do agree every prisoner has a right to be safe but why does it have to be about compensation? It's been three years and things are clearer now ... I'm not in such a cloud of grief. This is just a kick in the teeth."

Jimmy Akuhata was assaulted while on remand at Mt Eden, leaving him with a serious head injury.

Akuhata's Auckland-based lawyer Richard Francois believed the prosecution was the first of its kind in New Zealand. A claim of criminal negligence could not be successful because of New Zealand's Accident Compensation Act and instead it was being made under the Bill of Rights.

"Serco deserves to be punished for their gross negligence for allowing people like Jimmy to be placed in a position where their lives are endangered by the actions of others. They have an obligation to prevent prisoners from being hurt."

He alleged Akuhata had been beaten by his cellmate who was drinking from a plastic bottle of prison-brewed moonshine.

It was announced last Friday that Corrections would take over the running of the prison.