Jeremy McLaughlin

Case record: Jeremy McLaughlin

People involved

• Jeremy George Edward McLaughlin (35) — defendant
• Jade Bayliss (13) — victim; found dead at her home
• Tina Bayliss — Jade’s mother
• Aurora Smith — McLaughlin’s aunt
• Gary Bayliss — Jade’s father
• Detective Senior Sergeant John Rae — head of the police investigation
• Justice Graham Panckhurst — judge
• Brent Stanaway — Crown prosecutor
• Margaret Sewell — defence counsel
• Margaret Sewell — urged the court for a minimum non-parole term
• Katherine White — performed Jade’s autopsy
• Timothy Power — DNA profiler and analyst
• David Mann — police doctor who examined McLaughlin the day after Jade’s death
• Jolon Erin Scott Sweeney (42) — co-offender at trial; accessory after the fact
• Craig Brian Wood — co-offender in the 1995 Western Australia incident
• Phillip Vidot (14) — victim of earlier killing in Perth in November 1995
• Tyron Williams — friend of Phillip Vidot in 1995 incident; suffered brain damage
• Marriya Vidot (60) — Phillip’s mother
• Rene Vidot — Phillip’s stepfather
• Garth McVicar — national spokesman for Sensible Sentencing Trust
• Judith Collins — Justice Minister
• Blair Ensor and David Clarkson — named as authors of coverage in the material
• Anne Clarkson — named as author of coverage in the material
• Kathy Bell — Crown prosecutor in McLaughlin’s cross-examination

Timeline

• November 1995 — In Perth, Phillip Vidot (14) and Tyron Williams had been bashed with a cricket bat, run over by a car and then robbed; Phillip died hours later while Tyron remained in a coma for eight days and still had brain damage; McLaughlin and Craig Brian Wood were charged with murder.
• 1996 — McLaughlin was sentenced to 12 years in prison.
• 2001 — McLaughlin was deported back to New Zealand; New Zealand police were told the details of his manslaughter conviction.
• November 8 (year not stated) — McLaughlin said he had received a graze on his arm while doing demolition work on a house.
• November 10, 2011 — Jade Bayliss (13) was at home sick from school; McLaughlin admitted burglary and arson of the Barrington St, Christchurch, home where Jade’s mother lived; the pathologist evidence described Jade’s death as occurring before the fire started, from ligature neck compression.
• April 2013 (trial) — A jury found McLaughlin guilty of murdering Jade Bayliss; the jury was not told of his earlier conviction for killing Phillip Vidot.
• April 18, 2013 — A pathologist told the trial that Jade died of ligature neck compression before a fire started in her Christchurch home.
• April 22, 2013 — McLaughlin was cross-examined in the High Court at Christchurch; he told the court: “I didn't kill a 13-year-old.” and “I didn't know she was in the house.”
• April 23, 2013 — McLaughlin was found guilty of murdering Jade Bayliss and torching her family’s home.
• June 13 (year not stated) — McLaughlin was to remain in custody until sentencing.
• October 9, 2013 — McLaughlin was sentenced to life in prison with a 23-year non-parole term.

Background

Jeremy George Edward McLaughlin was found guilty at trial in April of murdering schoolgirl Jade Bayliss, 13, stealing items from her family’s Barrington St, Christchurch home and torching it in November 2011.

The jury did not know that McLaughlin had previously been convicted of killing Phillip Vidot, 14, in Perth in November 1995 because the right to a fair trial prevented that information being provided to the jury.

McLaughlin had previously been convicted in relation to the 1995 incident in Western Australia, where he was convicted of manslaughter and causing grievous bodily harm.

The offence

Murder of Jade Bayliss (13)

McLaughlin was found guilty at trial of strangling schoolgirl Jade Bayliss, 13.

The evidence described Jade being home ill from school on the day of the burglary.

The judge believed from the evidence at trial that Jade disturbed McLaughlin in the burglary and he then strangled her with a ligature and stuffed socks in her mouth before leaving her dead on the floor of her bedroom, and that he later set the house alight with petrol.

The pathologist evidence described Jade’s death as occurring before a fire started in her Christchurch home, with the cause of death described as ligature neck compression.

The materials described that Jade had an abrasion around her neck and pinpoint haemorrhages of both eyes and the lining of her gums; she also had a congested face, an abrasion in the centre of her upper lip, and small abrasions behind her right earlobe; there was also vague discolouration under her chin, bruising near her right breast, and two bruises inside her right arm.

The materials described the marks around Jade’s neck as 105 millimetres long and 7mm wide, with no pattern showing what had caused them.

Burglary and arson (admitted)

McLaughlin admitted burglary of the Barrington St home and arson.

The burglary involved stealing items including a television and other electronic gear from Jade’s room.

The material described McLaughlin’s account that he had planned the burglary with Jolon Erin Scott Sweeney (42), that Sweeney did not show up, and that McLaughlin waited two-and-a-half hours before proceeding with the burglary himself.

After the burglary, McLaughlin said that he returned to the house and poured petrol through the house and set it alight.

Investigation

The materials described that McLaughlin was recorded on camera going about the business of selling items from the burglary, including at pawn shops.

The materials described that when McLaughlin left Westfield Riccarton, Jade’s wallet was found under where a car had been parked in the car park.

The materials described that McLaughlin’s DNA was found in a sample taken from beneath Jade’s fingernail, under fingernails of Jade’s right hand.

The trial also included evidence about a police doctor examination of McLaughlin the day after Jade’s death, describing a patch of three to four grazes on his right wrist that McLaughlin said happened on a demolition site.

Arrest / custody

McLaughlin was described as remaining in custody until sentencing on June 13.

A few people in the public gallery abused McLaughlin as he was led to the cells.

Trial

High Court at Christchurch

McLaughlin’s murder trial took place in the High Court at Christchurch before Justice Graham Panckhurst and a jury.

The jury deliberated for about three hours to find him guilty, on the ninth day of the trial.

The materials described that when the guilty-of-murder verdict was announced by the jury foreman, there were clapping and cries of “Yes!” from the public gallery.

Jade Bayliss’ mother Tina Bayliss shouted: “Bastard!”

McLaughlin’s denial and admissions

McLaughlin denied murdering Jade and continued to deny the murder.

He admitted burglary and arson.

McLaughlin told the court in cross-examination:

• “I didn't kill a 13-year-old.”
• “I didn't know she was in the house.”
• McLaughlin said: “The door was partially closed. I didn't go in,”

McLaughlin said he did not go into the bedroom where Jade’s body lay, and he continued to say that he did not see Jade during the burglary and did not see the teenager during the arson.

McLaughlin was cross-examined about the likelihood that Jade struggled with her attacker, and the Crown put to him that this was how DNA ended up under one of Jade’s fingernails.

The materials described that McLaughlin was questioned about the coincidence that his spending of three $20 notes matched the cash description in Jade’s wallet, and that Jade’s wallet was found on the rooftop carpark at Westfield Mall, Riccarton after he had been there.

McLaughlin continued to say he had not seen Jade’s wallet and did not take it.

The trial also included evidence that McLaughlin gave his correct name at a pawn shop and was on surveillance cameras in streets and shopping centre locations.

Defence argument

The materials described that the defence argued McLaughlin’s actions did not align with someone who had just committed murder, and that he was described by witnesses as calm and relaxed, including being “chatty.”

The materials described that the defence’s argument was that his DNA under Jade’s fingernails could have been explained through indirect transfer, from handling an item of clothing that day or leaving behind an item at the house when he was in a relationship with Jade’s mother.

Sentencing

Crown and defence submissions

The sentencing materials described that the Crown wanted McLaughlin to be given the record sentence.

Brent Stanaway told the court: “The offender has now been involved in the killing of two young people. Individual deterrence and community protection are paramount considerations.”

Margaret Sewell, defence counsel, urged that a minimum non-parole term be imposed rather than life without parole.

The materials described that a psychiatrist’s report assessed McLaughlin as a medium to high risk of future offending, while a psychological report assessed him as a high risk.

The material before the court indicated McLaughlin felt that revenge on his former partner justified the burglary and arson of the Barrington St house on November 10, 2011.

High Court sentencing decision

Justice Graham Panckhurst imposed a 23-year non-parole term as part of a life sentence.

The materials described that Justice Panckhurst said McLaughlin was “on the brink” of becoming the first murderer in New Zealand to be jailed for the rest of his natural life.

The judge believed from evidence at trial that Jade disturbed McLaughlin in the burglary and he then strangled her with a ligature and stuffed socks in her mouth before leaving her dead on the floor of her bedroom, and that he later set the house alight.

The judge said the case against McLaughlin was overwhelming at his sentencing, describing it as a brutal and senseless murder, and commented on a calm and emotionless way McLaughlin acted that day after taking Jade’s life, and in his interview with police.

The judge said it was “simply fatuous” to claim that McLaughlin committed burglary and arson but did not commit the murder of the girl.

The judge said prospects for rehabilitation were low because of McLaughlin’s continuing denials.

Imposing the 23-year non-parole term, the judge said McLaughlin would be almost 60 when parole would become an option.

The judge said:

• “Then the life sentence will still apply unless you satisfy the Parole Board that you no longer pose a risk to the community,”

Appeals

No appeals were stated in the supplied material.

Outcome

McLaughlin was found guilty of murdering Jade Bayliss.

McLaughlin was sentenced to life in prison with a 23-year non-parole term on October 9, 2013.

Public reaction and comments

The Sensible Sentencing Trust criticised the sentence imposed by Justice Panckhurst.

Garth McVicar, national spokesman for the Sensible Sentencing Trust, said:

• “If second-time killers - particularly where the victim is vulnerable - do not deserve life without parole, I wonder what does?”
• “When McLauglin is eligible for parole, Jade Bayliss should have been a vibrant 36-year-old woman in the prime of her life. Her family will be denied all the enjoyment her life could have offered and instead they will be thrown into the stress and turmoil an offender-orientated parole system.”
• “The Crown must surely now appeal this decision to the Court of Appeal, whose judges can then, at the very least, give some guidance to the judges of the High Court as to what kind of case will warrant a sentence of life without parole.”

Outside court, Tina Bayliss said:

• “I'd like to say how happy I am with Jeremy McLaughlin's sentence. I'd like to thank everyone involved for bringing justice to my daughter Jade Louise Bayliss. "
• “Jade will never be forgotten.”

McLaughlin’s aunt Aurora Smith said outside court:

• “This is a very sad day. The Bayliss family have not yet received completion and an innocent man has been sentenced for a murder he did not commit. Those that have done this to Jade and to Jeremy have taken on a spiritual burden,”
• “Jeremy told the truth when he told the court he did not see Jade that day. Jeremy was repeatedly told he was telling lies of convenience. That is a great shame, because there are people who want to know the truth. ”
• “I'm very disappointed that Jeremy thought for a moment that it was OK to do what he did to people's possessions. He is very sorry and disappointed in himself. "
• “I'm very disappointed that Jeremy allowed himself to be ... manipulated into the Bayliss home that day and hence to become the smokescreen and the scapegoat for this terrible thing. "
• “Jeremy is far from the person he has been portrayed. He has taken full responsibility for all that he has done and he cannot do more than that.”

Other details

McLaughlin’s earlier offending (Phillip Vidot in Perth, November 1995)

The materials described that Phillip Vidot (14) and friend Tyron Williams had gone shopping with a friend, but never made it home. Instead, the pair were bashed with a cricket bat, run over by a car and then robbed. Phillip died hours later while Tyron remained in a coma for eight days and still had brain damage.

McLaughlin, Craig Brian Wood and another young man were charged over the attack. McLaughlin and Wood were charged with murder.

The materials described a verdict two years later that sparked protest and calls for legislative change: the jury acquitted the pair of murder, but found them guilty of manslaughter. The pair and the other young man, whose name was suppressed, were also found guilty of causing Tyron Williams’ grievous bodily harm.

McLaughlin was sentenced to 12 years in jail.

Jolon Sweeney and charges

The trial occurred at the same time as the trial of Jolon Erin Scott Sweeney (42).

Sweeney was facing charges of:

• wilfully attempting to pervert the course of justice
• being an accessory after the fact by helping McLaughlin to avoid arrest or conviction, knowing that he had committed burglary and arson.

The materials described that the Crown was no longer proceeding with the wilfully attempting to pervert the course of justice charge against Sweeney.

Sweeney admitted being an accessory after the fact by helping McLaughlin to avoid arrest or conviction, knowing that he had committed the crimes of burglary and arson.

Sweeney was remanded on bail for sentence.

The materials described that Sweeney had entered his pleas as the eighth day of the trial began in Christchurch, and that the trial paused to hear legal argument in the absence of the jury.

The materials described that Sweeney was alleged to have helped McLaughlin conceal evidence of the burglary and arson by dumping items at McLean’s Island.

McLaughlin’s account of the burglary and arson

McLaughlin said Sweeney suggested he should go back to the house to steal a lawn mower and a bike and then set the house alight.

McLaughlin told the court he had met Tina Bayliss through his job as a doorman at a hotel and club in July or August 2011, and that he had quickly ended up “pretty much living at her house”.

McLaughlin told the court about receiving “Dear John” break-up messages by text.

McLaughlin told the court that around November 6, Tina Bayliss had an issue with Sweeney and he said Sweeney and Tina Bayliss had hated each other from then.

McLaughlin told the court he noted designer gear at her house and planned to burgle the house on November 10, 2011.

McLaughlin told the court he drove up the driveway, found the back door unlocked, and took items including a television and other electronic gear from Jade’s room, while saying he did not see Jade.

McLaughlin said he returned home after the burglary, taking extra items, then poured petrol from a canister through the house and set it alight.

McLaughlin said Jade had been “disrespectful” on the day of the Bathurst motorrace meeting in Australia, when she wrote a “Ford rules” message in his t-shirt, knowing he was a Holden supporter.

Detective and investigative commentary

Detective Senior Sergeant John Rae commented outside court:

• “The police are pleased this case is over, it’s taken a long time to get to this stage, Rae said.”
• “The shock of this case is not just that someone has been killed, not just that a wee girl has been killed, but the fact that she was killed in her own home where we all expect our kids to be safe.”

Victim-impact statements and remarks by family members

Tina Bayliss said her daughter had been “the apple of my eye” and she referred to Jade as her special friend.

Tina Bayliss said:

• “I think of her every day.”
• “I blame myself every day ... all the ifs ... if only.”
• “There have been three families that have been affected by this and there needs to be no more heartache between Australia and New Zealand,”

Tina Bayliss said Jade was “shy, but social” and had a close net of friends, and that Jade was born in Oxfordshire, England, and moved to New Zealand in 2006.

Tina Bayliss said Jade was a bright pupil who excelled in every subject while at Cashmere High School, and that Jade had been “the best daughter.”

Tina Bayliss said she had previously been in a relationship with McLaughlin.

The material described that Jade’s mother had suicidal thoughts and still felt pretty negative about most things in life.

Tina Bayliss travelled to Australia to meet the families of the victims of McLaughlin’s earlier offending and said she came away with a sense of disbelief that someone could offend against three children and still show no remorse.

Gary Bayliss said the loss of his daughter had “ripped me up inside” because she had been robbed of her whole future.

The material described depression in Gary Bayliss’ father since the loss of Jade.

A victim-impact statement said:

• “We all love you and miss you Jade. You will be in our hearts and thoughts always,”

Comments about innocence and denial

McLaughlin continued to deny the murder of Jade.

Aurora Smith said it was an “innocent man” who had been sentenced for a murder he did not commit.

Links to legal and policy discussions

The materials described that Jade’s murder sparked calls for better information sharing between Australian and New Zealand authorities about serious criminals deported between the two countries.

Justice Minister Judith Collins, the Sensible Sentencing Trust and Tina Bayliss were pushing for changes to the law to prevent similar cases.

After today’s sentencing, Collins said she would meet her Australian counterparts in Sydney to discuss a new trans-Tasman memorandum of understanding to improve the management of New Zealanders convicted in Australia and deported back to New Zealand.

Tina Bayliss wanted:

• a register of serious criminals deported to New Zealand
• continued parole conditions for offenders deported back to New Zealand
• better information sharing between Australia and New Zealand about deported criminals

The material described Collins believed authorities should have “timely access to deportation and conviction information”.

The material described Collins also wanted all court decisions published online, saying the documents would act as a public register of criminals and improve public safety.

The materials described that continued parole conditions were unlikely because they were handed down in different jurisdictions, but Collins said she had directed her officials to analyse the adequacy of existing or proposed orders for providing supervision or monitoring of offenders who return to New Zealand.

Sweeney sentencing status and related procedural steps

Sweeney entered pleas as the eighth day of the trial began.

The trial paused for legal argument in the absence of the jury.

Evidence details presented at trial

• The jury was told Jade’s wallet was found under where a car had been parked in the car park after McLaughlin left Westfield Riccarton.
• The materials described McLaughlin’s DNA was found under Jade’s fingernails.
• The materials described Jade had no soot in her windpipe, lungs or mouth, suggesting she died before the fire started.
• Katherine White said there were injuries but no soot in Jade’s windpipe, lungs or mouth.
• Timothy Power said there was low level DNA from McLaughlin present under Jade’s fingernails.
• David Mann said McLaughlin had grazes on his right wrist consistent with a demolition site account.
• The pathologist evidence described that if death was instantaneous there would have been no time for flushed look to have occurred, and it was unlikely there would be lung fluid present.