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Paul David BAILEY
Classification: Murderer
Characteristics: Serial
rapist
Number of victims: 1
Date of murder:
November 1,
1991
Date of arrest:
Next day
Date of birth: 1964
Victim profile: Kylie Smith
(female,15)
Method of murder:
Shooting (.22
calibre semi-automatic rifle)
Location: Otago, New
Zealand
Status: Sentenced to life
imprisonment in February 1992
Fifteen year
old Kylie Smith was in the prime of her youth, a high achiever and avid
horse rider. Kylie had everything going for her and a bright future.
Paul David Bailey brutally ended her life in a cold blooded, calculated
attack.
Bailey came to
Owaka, South Otago, under the guidance of members of the Baptist Church.
One month before he had been charged with attempted rape on a woman in
Ettrick, Central Otago.
Given bail, he was brought to Owaka by Baptists
and found employment, accommodation and a car. It was later revealed
that the bail conditions stipulated he reside in Ettrick and only senior
members in the Baptist church knew the brutality of his crime.
Through
witnesses, it was later established that Bailey was seen in his
Volkswagen car following young girls, the school bus and parking around
the school. Nobody knew his record, so he did not raise suspicion. As
fate would have it, Bailey worked with Kylie's father, Bevan, on a
plumbing job for the local chemist.
On the 1st of
November, 1991, Kylie took her horse Nick, for a ride, after she came
home from school. This was her normal routine and a pastime she greatly
enjoyed. This day, Bailey was waiting in his car as she rode past.
According to
court testimony and police reconstruction, Bailey brought a map of Okawa
from Balclutha Motors that morning. He returned to Kaka Point where his
de facto saw him loading a .22 calibre semi-automatic rifle.
He drove
his car around the Owaka district, stopping at the school, where he was
warned off by a teacher. He parked on the corner of Stuart Street and
the Main Road. Kylie rode past and he started his car and pulled in just
ahead of her.
He talked to her, then produced a gun and forced her into
his car. With Kylie huddled on the passenger floor at gun point, he
drove north out of Owaka.
Travelling at speed, he forced another car
into a ditch and then collided head on wih a car driven by tourists. He
backed the car up and took off again. Both tourists only saw Bailey.
Kylie would have been on the car's floor on the passenger side.
Bailey drove to
Painted Rock where Police believe Kylie was taken at gunpoint from the
car and into the bush and forced to undress. She was brutally raped and
afterwards, while she was dressing, Bailey shot her in the back of the
head and twice behind the ear.
He left after covering her with her
riding jacket and foliage from the surrounding bush. It had taken two
hours from when he forced Kylie into the car until he murdered her.
When Kylie's
horse was found her parents Bevan and Dawn were deeply troubled. Kylie
was an accomplished rider and the call for a search was responded to by
many people. Kylie's body was found the next day.
Bailey was
questioned both during the search and after her body was found. He
refused to talk to the police and asked for legal counsel. Bailey was
charged, convicted and sentenced to life imprisonment for murder and
thirteen years for rape.
If strict bail
conditions were adhered to, Bailey would have not had the chance to
wreck havoc on the family and friends. He would have lived in Ettrick,
reported to police and would not have a car. Maybe the good intentions
of the Baptists would have been better directed, if they had made the
Okawa police and locals aware of Bailey's background.
In the book
"Shattered Dreams - Families of New Zealand Murder Victims Speak Out",
Kylie's father, gives his views on the shocking inadequacy of court
bail. For his story alone, this book is something all New Zealander's
should read.
Crime.co.nz
Paul David Bailey
Offences: Raped and
murdered 15 year old Kylie Smith in Otago in November 1991. Was
on bail for attempted rape at the time. Also repeatedly raped a
12 year old Otago girl in 1989 and 1990
Victims: Kylie Smith
Age: Born 1964
Current Location:
Prison (Rolleston)
Parole/Release Dates:
Sentenced to "life
imprisonment" in February 1992
First eligibly for parole November 2001
Next hearing July 2010 after it has been deferred for three
years
Background
Has had his 2001 and 2002 parole application
turned down after a massive public response. A three year
postpone order was made in March 2003, and a second one was made
in July 2007 as the (Extended) Parole Board were satisfied that
there would be no significant change in Bailey within that three
years to the relief of the victim's family. The Departmental
psychologist's report noted that Bailey showed a "high risk" of
sexual or violent re-offending.
He has since confessed to raping a 12 year
old girl in 1989 and 1990, story here from the The Press, 25th
June 2005. Has only been sentenced to three years for that - to
be served concurrently with his existing sentence!
One of the country's most notorious killers
has admitted raping a 12-year-old girl before his execution-style
murder of Otago schoolgirl Kylie Smith. Paul David Bailey, 40,
pleaded guilty in the High Court in Christchurch yesterday to
twice raping the girl in an Otago town in 1989 and 1990. He is
already serving a life sentence for the rape and murder of 15-year-old
Kylie in November 1991. He was on bail at the time of her death
for trying to rape a woman at knifepoint.
During a seven-minute appearance in the dock,
Bailey said a third "guilty" to having sexual intercourse with
the girl while she was in his care and protection. His
admissions were a victory for the victim, now 29 and living in
Christchurch, who has waited 14 years for justice. "I just want
to see this through," said the woman, whose name is suppressed.
She first told the police about Bailey's violations during the
1991 Smith murder inquiry, but he was not charged until May last
year.
The case has raised questions about the
police's delay in acting on her complaint. Bailey plied his
young charge with alcohol and cannabis before having sex with
her and swearing her to secrecy. She said Bailey was having sex
with her once a week during 1989.
Bevan Smith, Kylie's father, is calling for
Bailey to get preventive detention when he appears for
sentencing next month. Smith, whose 15-year-old daughter was
raped and shot in the back of the head, praised the latest
victim's tenacity. The woman contacted the Smith family when
Bailey first became eligible for parole in 2001 after serving 10
years of his sentence.
She decided then that she wanted to pursue
her complaint against Bailey. They have supported each other
since, especially around parole hearings.
"She is very timid, but underneath all of
that she is very determined, and that's the only reason this got
to court," said Smith. "It went as far as the Solicitor-General,
I believe, to get it heard." The victim also lodged a complaint
with the Police Complaints Authority. "It took a while,"
Dunedin-based Detective Sergeant Graeme Scott agreed yesterday.
He confirmed that the young victim's name came to police
attention during the Smith murder inquiry. The victim was spoken
to soon after and disclosed the abuse.
Police would not comment on the delay in
prosecuting Bailey until after sentencing, said Scott. The
Weekend Press understands that the case was shelved because
police believed Bailey, already facing charges of murder and
attempted rape at knifepoint, would not have got a longer
sentence with the extra sex charges. When interviewed by police
in 2002 about the latest allegations, Bailey refused to comment,
apart from saying having sex with a girl that young was rape.
Sensible Sentencing Trust spokesman Garth
McVicar said preventive detention was the only option for an
offender like Bailey. "We aren't going to see a rehabilitated
man here," he said. "Bailey had a choice and it's up to New
Zealand now to ensure we look after our community, our women and
children, and make sure he never gets out."
