Jill Meagher's family speak of their loss

Jill Meagher's family speak of their loss, Adrian Ernest Bayley claims his letter of apology for raping and murdering Jill Meagher is a sign that he is remorseful and should be given the chance to be free again one day, but a judge pointed out 11 years ago that he could not be trusted.

County Court judge Tony Duckett, when jailing Bayley for 11 years for attacking and raping five prostitutes, questioned Bayley's claims that he knew what he had done was wrong.

Bayley claimed that after seven sessions with psychiatrist Michael Maloney between October 8, 2001, and April 3, 2002, before he was due to be sentenced for the multiple rapes, he had come to understand why he had repeatedly offended in such a violent manner.

"You have come to realise that you had a disruptive and confrontational upbringing and that aggression will not give you the security that you need," a sceptical Judge Duckett told Bayley when sentencing him.
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"My first comment is that seven consultations over a few months appears to be a short period of treatment to effect such a substantial change in your approach to interpersonal conflicts and the control of your sexual appetite.
"As Dr Maloney outlined, you had a disrupted and physically and emotionally abusive upbringing. He places great confidence in your ability to overcome ingrained personality disorders.

"For Dr Maloney to present a diagnosis of 'borderline and anti-social personality traits' appears to me to be professionally irresponsible. I do not accept the tenor of his evidence, which was that if you do not face a long period of imprisonment you have good prospects of rehabilitation."

Judge Duckett jailed Bayley for 11 years with a non-parole period of eight years.
In evidence to the Supreme Court on Tuesday during Bayley's pre-sentence hearing in the Meagher case, psychologist James Ogloff said he had assessed Bayley as having a borderline personality and alcohol dependence who was an ongoing risk of sexual and violent offending.

"The characteristics one sees in Mr Bayley's behaviour, including offending, is this capacity for anger and indeed rage, the presence of what I refer to as sexual deviance," Dr Ogloff told Justice Geoffrey Nettle.
The psychologist said Bayley had attended 40 sessions of treatment in the sex offender program in prison between May and December 2009 before his release on March 17, 2010, after serving eight years in prison.
Dr Ogloff described Bayley's treatment in prison as "relatively moderate in intensity" before he was granted parole.

Bayley was on parole when he raped and murdered Ms Meagher on September 22 last year.
Dr Ogloff said Bayley would now require "intensive and ongoing intervention over an extended period before one would even begin to consider that the risks could have been reduced".

He said Bayley was a violent sexual predator who had raped a 16-year-old girlfriend of his sister's when he was 18 before later attempting to rape two teenage girls aged 17 and 16; he had raped five prostitutes in St Kilda between September 2000 and March 2001 when he was 29; and he had raped and killed Ms Meagher when he was 41.

Asked by Crown prosecutor Gavin Silbert, SC, if Bayley had fooled Dr Maloney, Dr Ogloff said: "I think Dr Moloney was correct in the diagnosis, but there's no question that you're not going to change an individual who already by that time committed rape against eight people, I think on 21 occasions, by six [sic] sessions of psychiatric care."

Mr Silbert said Bayley, when asked by Judge Duckett about the sex education courses he had taken in prison, had replied: "I didn't do anything in there. I basically went through the motions of that. I blamed anybody else. I didn't take any responsibility myself for any of my actions at all. It was all everyone else's fault. It's their fault, they deserved it.

"I basically went through the motions and just told them what they wanted to hear and did what they wanted me to do to be released from prison.

"It worked, but it didn't work because it just put me back into the position again."
Mr Silbert: "That would indicate that he was playing the system and endeavouring to fool the professionals?"
Dr Ogloff: "Yes. That is again, I think I mentioned, part of the characteristic I identify as being manipulative."
The psychologist said there were only two kinds of people who could do such terrible things as the rape and murder of Ms Meagher.

"One are people who are truly psychopathic and have no feelings, no emotion, and the second kind of people are those who are able to begin to distort the way they think about things, rationalise, minimise these behaviours in order to allow themselves to believe that somehow they're still a good person despite these things and convince others of the same."

Defence barrister Saul Holt, SC, told Justice Nettle that Bayley accepted he should be sentenced to life imprisonment but deserved to be given a specific non-parole period so he had some hope of being released.
Mr Holt said Bayley should be free again at some stage because of his guilty plea, his remorse and the fact that he agreed to take police to where he had buried Ms Meagher in Gisborne South.
Justice Nettle will sentence Bayley on June 19.

Bayley's letter of apology said: "I would like to apologise for my actions. I cannot begin to imagine what family and friends of Jill are going to and I won't pretend to. That night I destroyed a precious life and altered many others.

"It was not my intention to harm Jill or take her from the people who love her. Life will never be the same for the family and friends of Jill and for everyone this has impacted. In saying sorry, I'm not asking for forgiveness, I'm saying sorry because I'm truly sorry for the outcome on that night."

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