Convicted killer begins another bid for release
Convicted rapist and murderer Richard Lyall Genge has again begun trying for force his release, 21 years after his jailing.
Genge raised several technical matters as he presented his case by video-link from the prison, to the High Court at Christchurch yesterday.
His earlier bid for release was rejected by the Court of Appeal and the Supreme Court but he has now filed another habeas corpus writ in the High Court registry.
He read through his submissions to Justice Cameron Mander, who listened patiently at yesterday’s hearing before eventually stopping him reading out a Supreme Court decision in another case.
Justice Mander told him that reading out the whole decision was not necessary. He said Genge had been reading out a minority decision, but the Supreme Court had decided against the appellant in that case, and he was bound by that.
Genge then continued reading his own submissions.
Genge told the court that regardless of any eventual decision by Justice Mander, he wanted to read through his submissions so that the Court of Appeal would have a record of what he had said.
He summarised his case by saying that he was challenging a provision of the Parole Act. He said the Act had been applied unlawfully in his case and he was being unlawfully detained.
His habeas corpus application is against the Superintendent of the Christchurch Men’s Prison.
Questioned by Justice Mander, Genge accepted that he was subject to a sentence of life imprisonment, and that he had had a Parole Board hearing, which had made a decision. He remains in prison.
Genge was jailed for the murder and rape of Christchurch woman Anne Maree Ellens, 22, in the grounds of Christchurch East School. He was one of three men jailed for the crime.
Justice Mander eventually cut Genge’s submissions short, after a hearing lasting nearly 50min. He said: “I have heard sufficient to understand the argument and the basis of your application.”
He said he reserved his decision and would issue it within the next few days.
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