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The parents of murdered Auckland teenager Liam Ashley say they will sue the Corrections Department over their son's death.
Ian Ashley said today he had instructed his lawyer to begin legal proceedings against the department.
The decision comes as the family of Karl Kuchenbecker killed by Graeme Burton are also considering whether they will take legal action of their sons death.
Ashley was brutally killed in the back of a prison van that was taking him and prisoner George Baker from North Shore District Court to the remand prison at Mt Eden Prison on August 24. Baker was later jailed for life, with a minimum of 18 years non-parole, for murdering Ashley.
An inquiry found Ashley's death was preventable and that the two should never have been travelling in the same compartment of the Chubb security van the night he was killed.
Ashley was in the van as he had committed a series of misdemeanours and his family decided he should go to prison and experience the serious consequences of breaking the law.
Mr Ashley said he was not entirely sure of the legal process but his lawyer was due to fly to Auckland this week to take statements.
Discussions with his lawyer had taken place over the past month and had been continually moving towards this point, he said.
"It's preliminary at this stage but it is going ahead."
Mr Ashley said he felt he had no choice but to take the action.
He hoped by suing the department to send a message that wrongdoing would punished.
Mr Ashley said he felt he was in a similar position to the Kuchenbecker family who felt that something needed to do done.
"I've really got no other option."
Yesterday Prime Minister Helen Clark backed Corrections Department boss Barry Matthews and Damien O'Connor after National called for their heads.
Miss Clark said the department clearly had room for improvement, but Mr Matthews was the right man for the job.
- NZPA