Murder victim's sister outraged by civil case

A murder victim's sister is outraged the killer has been able to take a civil case that included a challenge to being called a psychopath.

Philip John Smith, 35, this week lost a bid to have a third court, the Supreme Court, consider his case. His victim's sister, Lynda Tilbrook, is glad the saga is over but said it was outrageous it got that far. "The chap is a psychopath. He must know he is, if he's as smart as he thinks."

Ms Tilbrook said her nephews still lived in fear. She now worries that Smith, who earned an accountancy degree in jail, will "pull the wool" over the Parole Board.

In the 1990s, Smith had sexually abused a Wairarapa boy for about three years. He was charged and, while on bail, tracked down the boy's family to their new home in Johnsonville, Wellington, where he fatally stabbed the father.

Smith was convicted of murder, sexual violation and kidnapping, and ordered to serve at least 13 years of a life term. He had earlier been jailed for 2 1/2 years after using objectionable material to exhort money from a man. The victim killed himself without paying.

Smith was denied parole in February. He will be seen again next February.

In civil proceedings, Smith's lawyer challenged his prison security rating and the results of psychological tests Smith didn't consent to. He wanted the term "psychopath" expunged from his file. But the Supreme Court rejected those issues, and grounds based on an alleged hostile hearing in the appeal court.

- © Fairfax NZ News