Julian Knight was eligible for parole in May 2014. This date was three months ahead of the original sentence expiry of 27 years from 9th August 1987, the day of the Hoddle Street Shootings and of Knight’s immediate arrest and incarceration. However, in his own words:
“With time off for industrial action (by prison staff), emergencies and good behaviour my release date was actually 8 May 2014!”
-Julian Knight, 6th April 2021.
In late 2011 in the lead up to his scheduled release, Knight sought a Supreme Court order that the secretary to the Department of Justice should grant him a rehabilitation and transition permit, and an injunction forcing the Adult Parole Board of Victoria (Parole Board) to make a parole order which would prepare him for release. This was because as is the normal procedure, a prisoner nearing the expiry of his sentence is entitled to have this preparatory process commenced, but the private foreign firm G4S running Port Phillip Prison had not done so, and had indicated not intention to do so.
G4S management at Port Phillip Prison holds hateful prejudice against Julian Knight as one of its inmates. They slur him as “a pest” and as “a difficult prisoner” just because he knows his rights. They continue to perpetually confined him to maximum security throughout his long sentence and at times into solitary confinement.
Revisiting Knight’s Sentence Terms
Recall the terms of Knight’s sentencing Justice George Hampel in the Supreme Court of Victoria at Melbourne, on Thursday 10th November 1988, whom had heard and considered Knight’s plea deal with the Crown prosecution (which required Knight to remain silent on culpability of Duntroon’s bastardisation as contributing to Knight’s state of mind at Hoddle Street).
Sentencing Justice George Hampel stated:
“In my view, the fixing of a minimum term in this case is appropriate because of your age and your prospects of rehabilitation, as well as the other mitigatory facts I have already mentioned which justify some amelioration of your sentence, not only in your interest, but in the interest of this community.
Dr Bartholomew (expert psychiatrist) was confident (in his testimony) that, having regard to the crimes which you have committed, it is most unlikely that a decision to release you would be made if, after a very thorough investigation, there was any doubt about your presenting a danger to the community.
In fixing the minimum term, it is necessary to ensure that it does not destroy the punitive effect of the head sentences. On the other hand, in a case such as this an unduly high minimum term would defeat the main purpose for which it is fixed, namely your rehabilitation and possible release at a time when you would still be able to adjust to life in the community.
In all the circumstances, I consider that the appropriate minimum term before which you will not be eligible for parole is 27 years.”
Despite Justice George Hampel recognising Knight’s “prospects of rehabilitation”, over the subsequent years of Knight’s incarceration, Corrections Victoria (controlling Knight’s incarceration at Pentridge Prison then to Barwon Prison then to Port Phillip Prison) reneged on its legal obligation to provide Knight with the Supreme Court prescribed rehabilitation programmes throughout his time incarcerated.
In fixing Knight’s minimum term of imprisonment to 27 years without parole, Justice Hampel specifically stated in his sentencing decision that in Knight’s case he rejected imposing “an unduly high minimum term” (because it) “would defeat the main purpose for which it is fixed, namely your rehabilitation and possible release at a time when you would still be able to adjust to life in the community.”
A Danger to the Community?
The personal obligation of Julian Knight throughout his long sentence was to demonstrate that he would no longer presented a danger to the community in order that the Parole Board could reasonably decide to grant Knight’s parole release back into the community.
In July 2009, Julian Knight (41) from Port Phillip Prison issued a written letter of apology to the victims for the Hoddle Street Shootings. He typed, hand-signed and sent his letter via the prison system to the Sunday Herald-Sun newspaper. In the letter Knight says: “I offer my sincerest apologies to my victims and to all Victorians, but given the enormity of my crimes that doesn’t amount to much does it? What else can I do?”
The Sunday Herald Sun showed Knight’s letter of apology to Corrections Victoria, so then Port Phillip Prison was criticised to which G4S management claimed it had been “a major security breach” (of its own protocols).
So how else was Knight to express his apology, contrition, remorse for his crimes?
Knight’s Parole Court Order Request in 2012
On 31st January 2012, Knight (43) without income or wealth he represented himself at the jurisdictional Supreme Court of Victoria again. Knight requested of Justice Robert Osborn a court order to tentatively set a parole date and allow Knight to begin the process for him to participate in his sentence-prescribed rehabilitation as preparation for his scheduled parole release in May 2014.
Knight commented to His Honour that he considered that in light of inaction by the Parole Board to commence a rehabilitation pramme for Knight in preparation for his parole release that there was no genuine intent by the Parole Board to do so. Knight posited to the Court the likelihood of some conspiracy between perhaps the judiciary and the Parole Board that was intent on prevent ing Knight being released after his 27 years had been served in two years’ time.
Knight conveyed that he was aware of a undercurrent view that his 27-year minimum jail term was not enough (in others’ opinions)…that he had “got off lightly” (by the sentencing justice originally back in 1988), that he, Knight should serve more (time)”. Knight stated before the Court that he considered that he was being “stonewalled” by the authorities to so deny him his right to apply for parole, despite him approaching serving out his minimum 27 year sentence. Knight expressed to the Court of his frustration about how the parole process was being denied to him by unknown others.
Knight is smart and his gut feel about a conspiracy somehow attached to the Parole Board turned out to be not unfounded. But as a long-standing prisoner of no means and denied by G4S of a computer, Internet, phone calls, legal counsel, visits, outside news, etc., Knight was isolated and powerless to exercise his rights as a prisoner. He was prevented from researching and investigating what behind the scenes lay keeping him being denied the Crown’s undertakings of his 1988 prescribed-sentencing terms.
Knight was right about his conspiracy suspicions, but it was not the Judiciary abusing its powers; rather it was the Government Executive politically interfering in the judicial process.
What Knight was not privy to of course was that the then Victorian State Corrections Minister in the Napthine Liberal Government, Andrew McIntosh, who was then ultimately in charge of the Victorian Prison system, was a Liberal Party politician and cabinet minister. He was the Victorian Liberal Party’s Member for the Liberal’s prized blue ribbon safe state electoral seat of Kew, one of Melbourne’s most exclusive leafy residential area.
McIntosh who had supported the ‘Never to be Released’ hate campaign against Julian Knight of 3AW Melbourne Radio’s shock jock Neil Mitchell – a fellow milliionaire and stalwart media ally of the Liberal Party.
Knight said that if he is not paroled in 2014, he will be the first murderer in 175 years of Victorian legal history not to gain parole when their minimum jail term expired. But Justice Orborn pointed out that over a number of those years murderers were routinely executed and a minimum term wasn’t an issue.
In response, Queens Council barristers representing the Victorian Government’s Department of Justice and the Parole Board (at taxpayer expense) claimed to the Court that Knight’s application was “hopeless” and had no chance of success because his parole situation is being assessed and authorities were waiting a new psychiatric report. The judge was told a court order would compel the parole board to do something over which Parliament gave it complete discretion.
The Court Decision
Justice Osborn formed the view that it appeared to him that the Parole Board was “progressing the matter” and he indicated to Knight his application to launch the legal action was premature at best. Justice Osborn advised that he would hand down a decision a week later on Friday 3rd February 2012.
When that time came, Justice Osborn ruled that Knight’s non-parole date was to be “some considerable time away”, and that it was not to be automatically granted by the Parole Board in May 2014…”it is apparent your case is currently before the parole board and the board is actively considering it. It seems to me that you and the people of Victoria will have to wait the outcome of that consideration.” Basically, Justice Osborn was saying that the parole decision was a matter for teh Paroe Bopard and not te court and that Knighgt would just have to wait for the Boards due process, including the outcome of a further psychological report on Knight and he dismissed Knight’s court order as an abuse of process.
Justice Osborn dismissed Knight’s application for a court order to allow Knight to begin the process for him to be paroled and to take part in rehabilitation programs in preparation for release.
When asked by Justice Osborn following the judgment whether there was anything he wished to say, Knight said he feared he would still be behind bars in 10 years time.
Knight added he was employed in his section of Port Phillip Prison, and assists newcomers to settle in to their environment.
Parole Board Decision
Surprise, surprise five months later on 5th July 2012, the Parole Board ruled Julian Knight remains a danger to the community and so refused him parole and stated that it considered that he won’t be eligible for parole for the foreseeable future.
Politically, the ruling Liberal Party’s then Victorian State Corrections Minister Andrew McIntosh stated:
“From a personal point of view Julian Knight of course committed one of the most horrific crimes one could imagine and I don’t think any Victorian could ever forget that. The Board considered a range of psychiatric and psychological reports. The decision of the Adult Parole Board was made independently of the Government. They’ve considered all of the relevant material and indicated that he remains, Mr Knight remains, a danger to the community and accordingly he will not be granted parole in the foreseeable future.”
April 16, 2013: Anti-corruption minister quits
by Richard Willingham and Josh Gordon, https://www.theage.com.au/national/victoria/anti-corruption-minister-quits-20130416-2hxoh.html
“The Napthine government has been shaken by the resignation of anti-corruption minister Andrew McIntosh from the frontbench after he admitted leaking sensitive information to the media from a parliamentary committee he chairs. Triggering a second reshuffle in as many months, Mr McIntosh announced he would be standing down as the minister responsible for crime prevention, corrections and the anti-corruption commission.”
Andrew McIntosh was Victorian State Corrections Minister in the Napthine Liberal Government in 2012. He was in charge of the prison system incarcerating Julian Knight at the time the Parole Board rejected Knight’s application for parole. McIntosh claims “The decision of the Parole Board was made independently of the Government.” (July 2012)
Well, pigs fly! McIntosh politically interfered with the Board’s decision.
Within a year, McIntosh as chair of the Victorian Parliament’s Privileges Committee misused his position to leak sensitive agenda committee content to a journalist as a political lobbying way to get his own agenda out in the public domain. Exposed, McIntosh was forced to resign from all such committees, from ministerial cabinet and a year later, resigned as the Liberal Member for Kew and from politics altogether.
He was dodgy. It was McIntosh who kept Knight in prison using standover tactics upon the Parole Board.
References:
[1] ‘Melbourne mass killer Julian Knight loses legal action bid for parole‘, 3rd February 2012, by Michelle Henderson, https://www.dailytelegraph.com.au/news/national/melbourne-mass-killer-julian-knight-loses-legal-action-bid-for-parole/news-story/27513b2109a6c42a95353d8b0dc65fa8
[2] ‘Hoddle Street killer Julian Knight refused parole‘, 5th July 2012, by Tony Nicholls, Australian Broadcasting Corporation, https://www.abc.net.au/news/2012-07-05/hoddle-street-killer-julian-knight-refused-parole/4111424
[3] Anti-corruption minister quits, 16th April 2013, by Richard Willingham and Josh Gordon, https://www.theage.com.au/national/victoria/anti-corruption-minister-quits-20130416-2hxoh.html
[4] ‘Andrew McIntosh steps down from IBAC ministry in shock leak admission‘, 16th April 2013 , by Matthew Johnston and Michelle Ainsworth, Herald-Sun newspaper, https://www.heraldsun.com.au/news/andrew-mcintosh-steps-down-from-ibac-ministry-in-shock-resignation/news-story/d8b2d0d60e337c2d5d327d3e5c822877
[5] ‘McIntosh resigns over journalist ‘indiscretion”, 16th April 2013, by state political reporter Peta Carlyon, Australian Broadcasting Corporation, https://www.abc.net.au/news/2013-04-16/andrew-mcintosh-resigns-from-cabinet/4632552