National MP Louise Upston's Rights for Victims of Insane Offenders Bill would address a loophole in the law that allows insane offenders on release without notification. Photo / Mark Mitchell
National MP Louise Upston's Rights for Victims of Insane Offenders Bill would address a loophole in the law that allows insane offenders on release without notification. Photo / Mark Mitchell
The brother of a man who was violently murdered 12 years ago today by a mentally unwell acquaintance, has high hopes for a proposed law that would alert victims and families when the offender is released.
Matthew John Ahlquist, now 45, was found not guilty of the murder of Colin Moyle on the grounds of insanity and sent to the Mason Clinic, a secure psychiatric hospital, as a special patient in December 2008.
Ahlquist threw boiling water on Moyle, 55, bludgeoned him with a spade and set him on fire at Moyle's Auckland home on May 11, 2007 because he thought he was "demonic".
Two psychiatrists later diagnosed Ahlquist with paranoid schizophrenia.
He was discharged from Te Whetu Tawera Mental Health Clinic the week before Moyle's death, despite telling staff he wanted to kill someone, and was homeless and off his medication at the time of the killing.
Ahlquist was released again on unescorted leave from the Mason Clinic in 2010 and Moyle's brother Graeme believes he is now living in the community.
However Graeme Moyle said getting any information on Ahlquist's whereabouts or what kind of care and supervision he is getting is impossible under current laws because it would breach privacy laws.
"How can we have confidence in their ability to monitor him if they don't tell us what steps they've taken to monitor him, or what sort of help he's getting in the community?
Little said if offenders were detained in a hospital or mental health facility in relation to their crime, the victims would be notified when the offender was allowed on unescorted leave or overnight unescorted leave, but not if they are out on escorted leave.
This loophole came to light in August that year when Christie Marceau's killer was allowed out of care without Marceau's parents being notified.
Graeme Moyle, who has become a victims' advocate and an advocate for change in the mental health system since his brother was killed, said he was angry no lessons had been learnt following Colin's death.
"I hoped Colin's death would be a catalyst for change," Moyle said. "On the contrary, the system has deteriorated to crisis point and more and more families are burying their loved ones.
"To date the only change I have seen is an increase in unnecessary victims being churned out of an archaic system that cannot see the wood for the trees."
Justice Minister Andrew Little said Labour would make sure victims were notified when a mentally unwell offender is allowed out of care. Photo / Mark Mitchell
But he was pleased that National MP Louise Upston's Rights for Victims of Insane Offenders Bill was drawn from the Parliamentary Ballot last month.
The Bill will change the formal finding of the court to provide victims with the acknowledgement that the offender was proven to have acted grievously, even if they lacked the intent to be guilty of the action.
He hoped that Justice Minister Little would support the Bill.
"I am hopeful that by the time Colin's 13th anniversary rolls around these proposals will be enshrined in law and families in similar circumstances will not have to endure the trauma and re-victimisation the current legislation allows."
