John Lewthwaite

Case record: John Lewthwaite

Background

John Lewthwaite murdered five-year-old Nicole Hanns in 1974 after breaking into Gwen and Peter Hanns' Greystanes home. His plans to abduct, rape and murder the couple's nine-year-old son were interrupted by Nicole, who woke up when he stumbled into her bedroom. After he stabbed Nicole to death, he confessed to the murder days later.

Lewthwaite was on parole at the time of the murder. Public outcry at his impending release led to political and community campaigns that prolonged his release by another five years. He was released from prison in 1999, three days short of having served 25 years behind bars. He was on parole under strict conditions for the rest of his life.

Lewthwaite lived in a unit block filled with children in Arncliffe.

The offence

Lewthwaite broke into the Hanns home and stabbed Nicole Hanns 17 times. He attempted to keep Nicole quiet by putting his hand over her mouth before he stabbed her.

Investigation

Police photographed Lewthwaite sunbathing naked in the dunes area at Wanda before 5pm (AEST) on August 19. Police patrolling the Wanda sandhills allegedly saw Lewthwaite, now 50, naked and engaged in lewd acts with another man on August 19. After a short chase, he was arrested, and when questioned, said he had been sunbathing.

Arrest

Lewthwaite was arrested for an alleged “naked beach romp” at Wanda Beach earlier in August 2006, after police saw him naked and engaged in lewd acts with another man.

Trial

Lewthwaite was charged with indecent exposure.

Sentencing

In December 1974, Lewthwaite was sentenced to life in prison. He was resentenced to 20 years to life in prison. He was released on June 21, 1999.

Appeals

A Parole Board hearing was held, and a head of the Parole Board vetoed a release recommendation at an earlier stage; after an election, a Parole Board hearing was presented with the same psychiatrists' reports and recommendations, and Lewthwaite was released.

Outcome

A parole authority decision in 2006 allowed convicted child killer John Lewthwaite to remain on the streets of Sydney after he was charged with indecent exposure, outraging police.

The NSW Parole Authority refused to revoke the parole of the murderer of five-year-old Nicole Hanns following his arrest last week after he was found naked and with another man at Wanda Beach. The authority refused to act despite pleas from the State Government and the acting Commissioner of Corrective Services Ian McLean. A magistrate at Sutherland Local Court granted Lewthwaite bail, ignoring police calls to keep him behind bars.

Despite the Government asking the authority to review the decision immediately, the authority refused to revisit the decision for another three weeks.

Aftermath

While free to move around Sydney, the magistrate issued an order prohibiting Lewthwaite from going within 2km of the coast from Kurnell to Shelly Beach.

When confronted outside his unit block in Arncliffe on August 29, Lewthwaite became abusive and told The Daily Telegraph: "F... off, dog." He returned to his unit block minutes after school children who lived in the flats arrived home.

In September 2006, a parole review was initially set for September 29, but it was brought forward to September 15 following calls from the NSW Justice Minister, Tony Kelly. Until then, Lewthwaite faced strict conditions, including taking no drugs or alcohol, not gambling, and being subject to urinalysis.

Lewthwaite was required not to go near anyone aged under 16 unless the child was accompanied by a responsible adult. He was required to undergo psychological counselling and assessments if required by his parole officer. He was required to report to the probation and parole service once a week and to the NSW Police twice weekly.

Justice Minister Tony Kelly wrote to the parole board chairman Ian Pike, expressing concern about the parole authority decision:

"I am extremely concerned about this decision given the serious criminal history of the parolee involved and the public interest in ensuring all appropriate measures have been taken. "I would ask that the SPA review its decision as a matter of urgency."

Acting Commissioner of Corrective Services Ian McLean asked the parole board to consider revoking Lewthwaite's parole.

Opposition Leader Peter Debnam called for a review of parole laws to ensure parole was immediately revoked when someone was charged with a serious offence. Peter Debnam also said Lewthwaite should not be free.

Anthony Hanns, now 41, said:

"I was told when he was released that he would be on lifetime parole. He breached that and he's still out, so there's something wrong there. "He served 20 years, a quarter of his entire life. My sister has been dead for four lifetimes. Where's the justice?"

A police source said:

"Police opposed bail because he is on life parole. He went to court and they granted him bail," an angry police source said.

Tony Kelly said:

"Lewthwaite is a child killer and it is totally appropriate the authorities take this course of action - I think the community expects nothing less," Mr Kelly said.

A campaign to stop Lewthwaite's release on parole raised questions about the role of mass media and the official political agenda. Lewthwaite's release was used by media outlets to seek to incite a “virtual lynch mob atmosphere.” Lewthwaite's parents proposed that their 44-year-old son stay with them after his release, but the plan was abandoned after a TV current affairs program was informed of the plans. One of Lewthwaite's sponsors arranged for him to stay temporarily at his house in Sydney, but its address was leaked to the media and broadcast through newspapers, radio and television. The Murdoch-owned Sydney Daily Telegraph published an aerial picture of the street with an arrow indicating the house where Lewthwaite would be staying. A radio talk-back host allowed a caller to utter what amounted to a death threat against Lewthwaite. Nearby residents marched on the house, throwing eggs, shouting abuse, and hosing inside the home through the mailbox in the front door.

The Telegraph ran a large picture on its front page of a woman about to push a hose through the front door, and its editorial declared:

“The Daily Telegraph has maintained the view that Lewthwaite should not have been released, as there was, in the newspaper's opinion, insufficient evidence that he had been rehabilitated.... The media, as always, will be criticised by the hand wringers of society for the prominence it has given Lewthwaite's release. However, is it not wrong to reflect community concern—it is a vital part of the role of the media.”

Tim Anderson of the NSW Council for Civil Liberties said that for two years applications for Lewthwaite's parole had provoked crisis inside the Department of Corrective Services. Anderson said that deteriorating health, suicide and mental instability take a heavy toll among prisoners with long jail sentences, and that Lewthwaite was unique as a long-term offender who had survived his jail sentence.

Mark Findlay explained that men outside Lewthwaite's family had sexually assaulted Lewthwaite in his youth, and said:

“He is one of the rare offenders who has come to terms with his offence—he has grown in jail rather than stopped. He confessed straight away and never tried to deny his guilt. “During the first 10 to 15 years [in jail] it would have been terror with significant levels of protection due to the nature of his offence. It was only in the last eight to nine years that he was able to stand alone in jail. He was able to go into the prisoners' café to work in the kitchen, which entailed considerable risk as the other inmates had knives. He took that risk, however. Then he went into the prisoner's gallery, where he had contact almost entirely with visitors. This gave some measure of his reaction.”

Findlay said:

“Lewthwaite's situation exposed that nothing is done for prisoners on release. There should be a post-release program put in place. Instead they are tossed out onto the street with $20. Long-term offenders don't last long after release.”

After his release, Lewthwaite released a note expressing remorse, which read in part:

“I have always felt grief and great sorrow for my crime ... if I had any doubts about re-offending in any way, shape or form I would not have taken on the responsibility of hopefully being allowed a chance to go back into society.”

George Zdenkowski told the Sydney Morning Herald that the level of professional advice commissioned by various authorities in Lewthwaite's case was extraordinary and said:

“They got nine different psychiatric reports.... If they err they err on the side of non-release.”

Gwen Hanns, Nicole Hanns' mother, argued publicly against Lewthwaite's release for a number of years, and Hanns lobbied for the introduction of a law that demanded community notification when a convicted child killer or pedophile was freed.

Lewthwaite was described as drunk and sexually obsessed by a 9-year-old boy, and he stabbed the 5-year-old sister 17 times.

Local residents denounced the media hounds encircling Lewthwaite's residence, and one common comment was:

“Leave him alone,”

Timeline

• December 1974 — John Lewthwaite was sentenced to life in prison.
• 1974 — Lewthwaite murdered five-year-old Nicole Hanns after breaking into Gwen and Peter Hanns' Greystanes home; he was on parole at the time.
• 1999 — Lewthwaite was released on June 21, 1999 after being resentenced to 20 years to life in prison.
• August 19 (AEST) — Police photographed Lewthwaite sunbathing naked in the dunes area at Wanda before 5pm and later arrested him after an alleged chase.
• August 29, 2006 — Lewthwaite was confronted outside his Arncliffe unit block and told The Daily Telegraph: "F... off, dog."
• September 15, 2006 — Parole review date was brought forward from September 29 following calls from Justice Minister Tony Kelly.
• September 29, 2006 — Parole review date was originally set but then brought forward.

Other details

Lewthwaite was said to have been aged 19 when he murdered Nicole Hanns. It was also stated that he lived in a unit block filled with children in Arncliffe, and he was described as now 50 at the time of the August 19 arrest.

Lewthwaite was said to have attempted to abduct and rape the nine-year-old Anthony Hanns, and he stabbed Nicole after she interrupted his plans.

“The popular family beach in Sydney's south is frequented by children at that time.”