Murderer's appeal dismissed by Supreme Court

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Philip John Smith, convicted for murder, sexual violation and kidnapping, has has lost his bid to appeal to the Supreme Court against his prison security classification.

Smith has been serving a life sentence since 1996. He was convicted of the sexual violation of a 13-year-old boy, and the kidnapping of the boy's mother and brother.

He was also convicted of murdering the boy's father in Johnsonville, Wellington, in December 1995.

He was classified as a maximum security prisoner until 2004 by the Department of Corrections.

Throughout this time he tried to get a lower security classification so he could be transferred to another prison closer to where his mother lived.

In 2004, his classification was reduced to 'high medium' and again lowered the following year to 'low medium'.

Smith has since challenged the legality of his classification before 2004. His challenge was unsuccessful in the High Court and then the Court of Appeal, so he then applied to the Supreme Court for leave to appeal again.

Smith's case was that the Court of Appeal was biased as the judges sitting had been determined before the hearing and the court had been hostile to his lawyer. The Supreme Court analysed transcripts of the hearing and found no evidence of bias against Smith or his lawyer.

Smith also objected to evidence given by a Department of Corrections psychologist, whose independence was compromised, he claimed. The Supreme Court found there was no issue with the evidence.

Finally, Smith held that psychological service reports on him were obtained in breach of the Bill of Rights Act which says that a prisoner accepting treatment has to be fully informed of potential consequences or that the right will be breached.

Supreme Court justices Peter Blanchard, Andrew Tipping and John McGrath were not convinced there was a basis for appeal and dismissed his application.

Smith's application for leave to appeal was dismissed. There was no order for costs.

- NZPA