Paul David Bailey

Murderer

1known / alleged victims

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Case Facts

Gender: male
Country: and make sure he never gets out." Safe-Nz.org.nz Paul David Bailey home last updates contact
Location: Prison (Rolleston) Parole/Release Dates: Sentenced to "life imprisonment" in February 1992 First eligibly for parole November 2001 Next hearing July 2010 after it has been deferred for three years Background Has had his 2001 and 2002 parole application turned down after a massive public response. A three year postpone order was made in March 2003, and a second one was made in July 2007 as the (Extended) Parole Board were satisfied that there would be no significant change in Bailey within that three years to the relief of the victim's family. The Departmental psychologist's report noted that Bailey showed a "high risk" of sexual or violent re-offending. He has since confessed to raping a 12 year old girl in 1989 and 1990, story here from the The Press, 25th June 2005. Has only been sentenced to three years for that - to be served concurrently with his existing sentence! One of the country's most notorious killers has admitted raping a 12-year-old girl before his execution-style murder of Otago schoolgirl Kylie Smith. Paul David Bailey, 40, pleaded guilty in the High Court in Christchurch yesterday to twice raping the girl in an Otago town in 1989 and 1990. He is already serving a life sentence for the rape and murder of 15-year-old Kylie in November 1991. He was on bail at the time of her death for trying to rape a woman at knifepoint. During a seven-minute appearance in the dock, Bailey said a third "guilty" to having sexual intercourse with the girl while she was in his care and protection. His admissions were a victory for the victim, now 29 and living in Christchurch, who has waited 14 years for justice. "I just want to see this through," said the woman, whose name is suppressed. She first told the police about Bailey's violations during the 1991 Smith murder inquiry, but he was not charged until May last year. The case has raised questions about the police's delay in acting on her complaint. Bailey plied his young charge with alcohol and cannabis before having sex with her and swearing her to secrecy. She said Bailey was having sex with her once a week during 1989. Bevan Smith, Kylie's father, is calling for Bailey to get preventive detention when he appears for sentencing next month. Smith, whose 15-year-old daughter was raped and shot in the back of the head, praised the latest victim's tenacity. The woman contacted the Smith family when Bailey first became eligible for parole in 2001 after serving 10 years of his sentence. She decided then that she wanted to pursue her complaint against Bailey. They have supported each other since, especially around parole hearings. "She is very timid, but underneath all of that she is very determined, and that's the only reason this got to court," said Smith. "It went as far as the Solicitor-General, I believe, to get it heard." The victim also lodged a complaint with the Police Complaints Authority. "It took a while," Dunedin-based Detective Sergeant Graeme Scott agreed yesterday. He confirmed that the young victim's name came to police attention during the Smith murder inquiry. The victim was spoken to soon after and disclosed the abuse. Police would not comment on the delay in prosecuting Bailey until after sentencing, said Scott. The Weekend Press understands that the case was shelved because police believed Bailey, already facing charges of murder and attempted rape at knifepoint, would not have got a longer sentence with the extra sex charges. When interviewed by police in 2002 about the latest allegations, Bailey refused to comment, apart from saying having sex with a girl that young was rape. Sensible Sentencing Trust spokesman Garth McVicar said preventive detention was the only option for an offender like Bailey. "We aren't going to see a rehabilitated man here," he said. "Bailey had a choice and it's up to New Zealand now to ensure we look after our community, our women and children, and make sure he never gets out." Safe-Nz.org.nz Paul David Bailey home last updates contact
Date of birth: 1964
Age at first offence: 27
Characteristics: serial rapist, rape, alcohol, drugs
Victim profile: Kylie Smith (female,15 )
Method of murder: Shooting ( .22 calibre semi-automatic rifle) Loca tion : Otago, N ew Zealand
Date(s) of murder: November 1, 1991
Years active: 1991
Date of arrest: Next day
Status: Life imprisonment
Sentenced to life imprisonment in February 1992; first eligible for parole November 2001; next hearing July 2010 after being deferred for three years

Case Summary

Background

Paul David Bailey was a convicted serial rapist.

The Departmental psychologist’s report noted that Bailey showed a "high risk" of sexual or violent re-offending.

Bailey pleaded guilty in the High Court in Christchurch to twice raping a girl in an Otago town in 1989 and 1990. He was already serving a life sentence for the rape and murder of 15-year-old Kylie in November 1991.

Bailey had previously been on bail at the time of Kylie Smith’s death for trying to rape a woman at knifepoint.

The offence

Bailey admitted a third “guilty” to having sexual intercourse with the girl while she was in his care and protection.

The victim said Bailey plied her with alcohol and cannabis before having sex with her and swearing her to secrecy. She said Bailey was having sex with her once a week during 1989.

The victim was 12 years old at the time of the rapes referred to in the later guilty pleas.

Kylie Smith’s death included an execution-style murder in which she was shot in the back of the head. Bailey was already serving a life sentence for her rape and murder.

Investigation

The case included police delay questions about acting on the victim’s complaint.

The victim first told police about Bailey’s violations during the 1991 Smith murder inquiry, but he was not charged until May last year.

The victim’s name came to police attention during the Smith murder inquiry. The victim was spoken to soon after and disclosed the abuse.

Bailey had been interviewed by police in 2002 about the latest allegations, and he refused to comment apart from saying having sex with a girl that young was rape.

The victim also lodged a complaint with the Police Complaints Authority. Detective Sergeant Graeme Scott agreed yesterday that "It took a while".

Police would not comment on the delay in prosecuting Bailey until after sentencing.

Arrest

Bailey was on bail at the time of Kylie Smith’s death for trying to rape a woman at knifepoint.

Trial

Bailey pleaded guilty in the High Court in Christchurch to twice raping the girl in an Otago town in 1989 and 1990.

During a seven-minute appearance in the dock, Bailey said a third "guilty" to having sexual intercourse with the girl while she was in his care and protection.

Bailey had refused to comment when interviewed by police in 2002 about the latest allegations, apart from saying having sex with a girl that young was rape.

Sentencing

Bailey was sentenced to life imprisonment in February 1992.

He was later sentenced to three years for the rapes to which he pleaded guilty, to be served concurrently with his existing sentence.

Bevan Smith, Kylie’s father, called for Bailey to get preventive detention when he appeared for sentencing next month.

Appeals

Bailey’s parole history included multiple refusals and deferments as his parole eligibility progressed.

Outcome

Bailey first became eligible for parole in November 2001. His 2001 and 2002 parole application were turned down after a massive public response.

A three-year postpone order was made in March 2003. A second postpone order was made in July 2007, with the (Extended) Parole Board satisfied that there would be no significant change in Bailey within that three years to the relief of the victim’s family.

The next parole hearing occurred in July 2010 after being deferred for three years.

Aftermath

The victim who had waited for justice decided she wanted to pursue her complaint against Bailey and later contacted the Smith family when Bailey first became eligible for parole in 2001.

She "I just want to see this through," said the woman, whose name is suppressed.

Bevan Smith praised the latest victim’s tenacity.

The victim’s supporter said: "She is very timid, but underneath all of that she is very determined, and that's the only reason this got to court," said Smith.

Smith also said: "It went as far as the Solicitor-General, I believe, to get it heard."

Safe-Nz.org.nz appears in the record as Paul David Bailey home last updates contact.

Safe-NZ.org.nz is also present alongside the case material.

Sensible Sentencing Trust spokesman Garth McVicar said preventive detention was the only option for an offender like Bailey and stated:

"We aren't going to see a rehabilitated man here," "Bailey had a choice and it's up to New Zealand now to ensure we look after our community, our women and children, and make sure he never gets out."

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