Southland schoolgirl Kylie Smith’s rapist, killer Paul Bailey refused parole after positive drug test and contraband breach in prison

Rapist and murderer Paul Bailey. Photo / ODT

The man who raped and murdered a South Otago teenager who was out riding her horse more than 30 years ago will remain in prison for at least two more years after the Parole Board learned he was caught with a vape and a sharpened object and failed a drug test.

And the recidivist rapist is trying to get deported back to the United Kingdom rather than serve any time on parole in New Zealand.

In 1991 Paul Bailey was jailed for life for the rape and murder of 15-year-old Kylie Smith near Owaka.

The teenager was out horse riding when she encountered Bailey.

He was armed with a .22 calibre rifle when he approached Kylie and forced her into his car then drove into an area of bush, where he raped and murdered her.

Bailey was facing a charge of attempted rape at the time of Kylie’s death and was on bail.

He was considered for parole late last month and the board said he was far from fit for release and ordered that he not come before them again until 2025.

Kylie Smith. Photo / Otago Daily Times

Bailey was due to appear before the board but waived his right to a hearing.

“In that waiver, he advises that he is pursuing assistance with his plan that he be deported back to the United Kingdom rather than be released on parole in New Zealand,” said Parole Board panel convenor Kathryn Snook.

“We, therefore, considered Mr Bailey’s situation on an unattended basis.”

While in prison Bailey attended a child sex offenders programme but did not “graduate”.

He has had “limited” sessions with a psychologist but the board was concerned there had not been sufficient focus on the violence involved in his offending.

Snook said a psychological assessment dated February this year stated Bailey remains at a high risk of both violent and sexual offending.

“The psychologist says that Mr Bailey knows what he needs to do to stay free of offending and that he needs to now review, update and put into practice what he has learned,” she said.

“It appears that at times Mr Bailey has difficulty putting into practice what he has learnt. He (returned) a positive drug test on 29 June 2022. On 5 January 2023, Mr Bailey was found with a vape and a sharpened object.

“He was found with tobacco on 6 January 2023. Mr Bailey’s ongoing rule-breaking behaviour is of concern.

“The psychologist’s recommendation is that Mr Bailey needs to practise his skills in a gradually less restrictive environment and receive feedback and coaching as necessary.”

Snook said Bailey being allowed into that environment depended wholly on his “demonstration of reliable self-management, ongoing communication with professional support, and compliant behaviour”.

“Whatever approach is adopted, it is clear that there is still a long pathway ahead for Mr Bailey.

“In addition, this Board continues to have concerns that Mr Bailey has not yet addressed his violence.

“We remain concerned about this when reading the information we have about the three lots of offending, including the rape and murder, the attempted rape and the sexual offending against a 12 to 16-year-old.

“Risk remains undue. Mr Bailey is continuing to display unstable behaviour and has no release proposal. We consider that there are still deficits in his treatment. Parole is declined.”

Before making its decision the board met with a number of Bailey’s victims.

“In summary, their views were that they strongly oppose Mr Bailey’s release on parole,” said Snook.

“They describe him as manipulative and dangerous. They say that he has showed no remorse.

“His offending has had a huge impact on all of their lives and on the lives of their friends and family.

“They never want him to be released to live in the South Island.

“They have not seen any commitment to change from him.

“Finally, they do not have any confidence that he will comply with any conditions imposed if he is released on parole. He committed the murder and rape while on bail for the attempted rape.”

Paul Bailey

The victims asked the board to put Bailey’s next hearing off for five years.

However, the board could not impose the maximum postponement period without giving Bailey formal notice.

“The Board has not yet given Mr Bailey that notice but it is able to do that in its decision today,” Snook said.

“We will schedule Mr Bailey to be seen again by a Board in January 2025 and no later than the end of that month.

“We ask for an updated psychological report for that next hearing which takes account of the concerns raised by the Board in this decision.

“We give notice that when the Board sees Mr Bailey again in January 2025 it will be for the consideration not only of parole but also for the making of a postponement order.

“Mr Bailey will be entitled to make representations to the next Board, either himself or by way of a lawyer, in relation not only to the question of parole but also in relation to the making of a postponement order for a period of up to five years.”

Paul Bailey will remain in prison for at least two more years. Photo / 123RF

Bailey has appeared before the board a number of times since he became eligible for parole.

Each time he has been rejected.

His life sentence will be just that unless the board can be satisfied he can be released to live in the community - under strict and permanent conditions - without putting the public at risk.

At his last hearing in 2021 the board heard Bailey had made good progress but had work to do.

He spoke about his remorse for his horrific offending against Kylie.

‘’The things I’ve done are irreversible, there’s no way I can ever fix it,’’ he said.

‘’I would be willing to do anything.’’

He also explained that his offending resulted from his struggle to deal with issues he experienced in his youth, leading him to turn to alcohol and self-medication.

They also lead him to act out sexually.

He acknowledged that he still had sexually deviant thoughts occasionally, and probably would for the rest of his life.

What mattered though, was that he could now deal with them, he said.

The board heard while Bailey had made progress in prison, he had not been a model inmate.

In 2018, he returned a positive test for cannabis.

In 2019, he was found in possession of the tip of a screwdriver. Bailey said it had been left in a glue stick he had inherited from another inmate, and he did not know it was there.

And in 2019, he was found with three cannabis joints.

He was not charged over the latter, as it transpired he had been threatened by other inmates to bring in the drugs.

ADDITIONAL REPORTING - OTAGO DAILY TIMES