William Bell's killing spree at the Panmure RSA that left three people dead and another severely injured was so "off the planet" it could not have been predicted, the Court of Appeal was told yesterday.
Crown lawyer John Pike said the Probation Service knew Bell was at risk of reoffending, but he had been considered a run-of-the-mill offender and the service was not the cause of the murders.
Mr Pike also said there was concern that any lawsuit against the service would become a public inquiry into what went wrong.
Susan Couch, who survived Bell's attack, and Tai Hobson, the husband of murder victim Mary Hobson, want to sue the Department of Corrections for a combined $2.55 million damages, alleging it was negligent and reckless in its supervision of Bell.
He was on parole when he went to the Mt Wellington-Panmure RSA - where he had worked as a barman - early one morning in December 2001.
Ms Couch let him in. Bell then killed Mrs Hobson, Wayne Johnson and William Absolum.
Ms Couch was attacked and left for dead.
Both Ms Couch and Mr Hobson were at court with supporters yesterday.
In September, the High Court struck out two of three grounds under which Mr Hobson sought to sue Corrections and yesterday his lawyer, Brian Henry, appealed against one of those decisions, relating to negligence.
Ms Couch has since filed a $2 million damages lawsuit also citing negligence and recklessness, and it is now being heard at the same time.
Mr Henry said the Probation Service's own reports stated there was a low likelihood that Bell would comply with parole conditions, and he would be at risk around alcohol. Yet the service had encouraged him to find work in the liquor industry.
He said the service had the power to supervise Bell. That power should not have been used to encourage a man with recidivist tendencies and problems with alcohol to work in the liquor industry.
Mr Pike said that while a paedophile left among children would present a clear danger, Bell's killing spree at the RSA had been "off the planet".
The three judges at the Appeal Court reserved their decision.
Bell is serving a 30-year non-parole jail term for the attacks.
Bell's crimes 'off the planet'
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