Roma, Australia — A high-stakes legal battle is unfolding in Australia as a convicted double murderer, Rodney Michael Cherry, 62, seeks parole, challenging the country’s strict “no body, no parole” laws. Cherry was convicted in 2002 for the murders of his wife Annette Cherry, 35, and her daughter, Kira Guise, 18, in Roma, a town in rural Queensland. While Annette’s body was found, Kira remains missing, and Cherry has consistently claimed his innocence.
Under Queensland law, convicted murderers are ineligible for parole if they fail to disclose the location of their victims’ bodies. This legislation is intended to compel cooperation with law enforcement and reduce the agony suffered by the families of victims. Despite this, the Parole Board in July 2023 denied Cherry’s parole application, citing inadequate cooperation in revealing the whereabouts of his stepdaughter’s remains.
Challenging this decision, Cherry took his case to the High Court, arguing in October 2024 that the legislation improperly gives judicial powers to the Queensland government, thus affecting the punitive measures set forth by the judiciary. His appeal contends that the “no body, no parole” statutes unlawfully empower the government to modify the punishment stipulated by the Supreme Court.
The legal contest has attracted significant attention, prompting intervention from several state attorneys general. The legal representatives from New South Wales, Victoria, Western Australia, South Australia, and the Northern Territory filed submissions in December, defending the constitutionality and intent of the legislation. They maintain that the provisions serve to lessen victims’ families’ suffering and encourage offenders to cooperate with the authorities.
In the documents presented, NSW Solicitor General Michael Sexton emphasized that the primary goal of the legislation is to provide incentives for offenders to aid law enforcement, rather than to intensify the magnitude of their punishment. Echoing this sentiment, Victorian Solicitor General Alastair Pound expressed that Cherry’s challenge bears no significant constitutional difference when compared to three similar cases that the High Court had previously dismissed.
The Queensland government has also responded to Cherry’s claims, clarifying in November 2024 that the denial of parole isn’t necessarily permanent. If a victim’s remains are eventually found, regardless of the prisoner’s cooperation, the parole restrictions based on the “no body, no parole” laws would be lifted, explained Solicitor General Gim Del Villar.
As the case continues to develop, with another high court hearing pending on an undetermined date, all eyes remain fixed on how this legal challenge could impact the enforcement and validity of “no body, no parole” laws across Australia. This case not only affects the justice system but also deeply touches the unsolved wounds of families still awaiting closure in their loved ones’ tragedies.
The resolution of this high-profile legal fight could potentially set a precedent influencing future parole decisions and legislative considerations regarding the rights of victims’ families and the obligations of convicted criminals. As this complex legal narrative unfolds, it underscores the enduring tensions between law enforcement, penal policy, and human rights.
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