UPDATE:  APRIL 2017

Yorkshire-born Whiteoak has been refused parole because his native England isn’t ready to accept him back.

His case will go back before the parole authority on August 15.

 

UPDATE:  MARCH 2017

The State Parole Authority intends to release vicious killer & rapist Whiteoak on parole. He could be freed within weeks.

 

UPDATE:  MAY 2016

The Serious Offenders Review Council has recommended that Whiteoak be reclassified to the lowest minimum security level of C3. He can apply for unsupervised day leave.

 

UPDATE: JULY 2014

The Serious Offenders Review Council is reconsidering reducing the 65-year-old’s prison classification so he can qualify for unsupervised leave — despite the fact his visa has been cancelled and he will be deported to his native Yorkshire if he is ever paroled.

 

http://www.news.com.au/national/what-a-load-of-brit-ukborn-killer-barry-whiteoak-wins-racist-compensation-case/story-fncynjr2-1226893963896

What a load of Brit: UK-born killer Barry Whiteoak wins ‘racist’ compensation case

April 24, 2014 12:00AM

A CONVICTED murderer and rapist has won damages after a tribunal found he was racially discriminated against in jail — because he is British.

Taxpayers funded the six-year marathon which cost up to $100,000 and prompted a NSW Legal Aid review of similar foreign-born cases that are pending.

Barry Whiteoak’s victory after he was stripped of prison perks like opportunities for day release for being a British “lawful non-citizen” won him $500 in compensation which will go straight to the Victims Support Fund for victims of crime.

Whiteoak, 66, has been ­behind bars since 1983 when he stabbed and strangled nurse Noreen Hannon in September 1983of that year.

At the time he forced himself into the 25-year-old nurse’s flat he was already on parole for a 1980 rape, a crime he committed while on parole for indecently assaulting a woman at knifepoint in 1978, seven years after he arrived from the UK.

Ms Hannon’s then-boyfriend, Michael Maher, said yesterday “the whole thing is crazy”.

“It is an absolute disgrace when people who have genuine cases can’t get Legal Aid but these guys can,” Mr Maher said.

“He is a serial rapist and murderer who should have no rights in prison, never mind the right to bring this case and we have had to pay for it.”

NSW Legal Aid boss Bill Grant said: yesterday pledged to review similar cases on his books. “We will be reviewing the utility of cases like this to see if they are appropriate ways of spending scarce Legal Aid resources.” CEO Mr Grant said.

It is understood that Legal Aid initially funded the case ­because it involved “a fundamental legal principle” but the loophole had been closed even before the case got into a tribunal.

Whiteoak ’s life sentence for murdering Ms Hannon was redetermined to a minimum of 15 years in 1994. He had been refused bail a number of times until in August, 2008, the Department of Immigration cancelled his permanent residency visa, ­ensuring his deportation back to his native Yorkshire.

Whiteoak launched his ­racial discrimination case in December, 2008, after Corrective Services imposed a blanket ban on lawful non-citizens like himself being classified a C3, which allows them to apply for day and work release and other perks.

“It is discrimination because the policy decisions are treating me differently to what an Australian citizen is treated,’’ Whiteoak told the Administrative Decisions Tribunal.

He argued the decision to cancel his permanent residency was “based solely on the fact I am a British subject in jail and not my offensive behaviour’’.

The convicted killer asked the tribunal to “use all the powers available … to persuade and or force the Corrective Services to change (my) classification back.’’

After a number of hearings, the Civil and Administrative Tribunal, which now incorporates the ADT, ruled this month that Corrective Services had racially discriminated against him under the Anti-Discrimination Act.

FIEND WHITEOAK STRUCK WHILE ON PAROLE Janet Fife-Yeomans

EVERY time Yorkshireman Barry Whiteoak has been freed from an Australian jail he has claimed a new victim.

He arrived as a 20-year-old and, by the age of 27, was behind bars for an indecent assault at knifepoint in which he told his victim: “It would be easy to carve you up.”

He was convicted and jailed for a non-parole period of nine months. He raped his next victim while on parole for the indecent assault.

Jailing him for 18 months, the judge described him as “an inadequate, lonely socially inept man’’.

By the time he was ­released from jail on parole for that rape, young nurse Noreen Hannon had arrived from Ireland on a working adventure in Sydney.

She was attacked as she returned to her Parramatta flat on September 25, 1983, stabbed, strangled and her naked body left in the lift.

Whiteoak pleaded his innocence but he was convicted of her murder and jailed for life.

When he came before the Supreme Court in 1994 under new laws that meant all life sentences had to be redetermined, Justice Peter McInerney said he had considered refusing the application.

BARRY WHITEOAK: CHRONOLOGY OF A LIFE OF MALICE

July 8, 1948 Barry Whiteoak born Yorkshire, England.

1971 Arrived in Australia from Yorkshire, England as a tradesman after completing a five-year apprenticeship in the aircraft division of Rolls Royce.

May 1978 Convicted of indecent assault at knifepoint, jailed for three years hard labour, nine months non-parole period.

August 1980 On parole, he raped another woman. Convicted by a jury and jailed for 18 months hard labour.

September 1983 Stabbed and strangled nurse Noreen Hannon.

July 1984 Again Pleaded not guilty but was convicted of murder and sentenced to life in jail.

December 1994 Life sentence redetermined at minimum 15 years with maximum term of life. Justice Peter McInerney said he had been told “ominously” by the Serious Offenders Review Board that “there is no doubt that, given the right circumstances occurring, (Whiteoak) is capable of considerable violence”.

September 1998 Whiteoak eligible for parole.

April 2003 Due to be released but public and political pressure kept him behind bars.

August 2008 Department of Immigration cancelled his permanent residency visa. Whiteoak claims decision was “strongly racist”.

November 2008 Administrative Decisions Tribunal rules in the case of Columbian cocaine smuggler Carlos Contreras-Ortiz. Jailed for 15 years imprisonment in April 1998 with a non parole period of 11 years, the ADT found he had been racially discriminated against by the Department of Corrective Services by refusing to consider him for day leave and work release and other “services”.

December 15, 2008 Corrective Services implemented a blanket policy that prevented illegal non-citizens like Whiteoak from being classified the lowest security clearance, of C3 which would allow them to apply for access to day or work release. They must remain a higher C1 classification.

December 23, 2008 Whiteoak lodged complaint of racial discrimination with Anti-Discrimination Board.

2009 Ortiz finished sentence. Deported.

2012 The Administrative Decisions Tribunal ruled there was “substance’’ in Whiteoak’s claims and dismissed an application by the State of NSW to throw the case out.

April 2014 The new Civil and Administrative Tribunal rules Whiteoak was racially discriminated against.

 

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