Another failure of Justice
The system failed Erwin Kastenberger (as it has failed so many victims)
by the merciful sentencing of this low life scumbag who should have been in jail when he shot Erwin in cold blood. The judiciary and the parole board must be made accountable for their actions…
Hugo Rich has been sentenced to life over the death of security guard Erwin Kastenberger
* Geoff Wilkinson
* From: Herald Sun
* November 13, 2009 8:09AMUPDATE 11.46am: ONE of Victoria’s most notorious prisoners will spend 30 years in jail after being sentenced today for the murder of a security guard during a holdup.
Hugo Rich was sentenced to life imprisonment with a minimum non-parole period of 30 years for the shooting death of Chubb guard Erwin Kastenberger at a North Blackburn shopping centre in 2005 and the armed robbery of $162,000.
Rich, 57, has already spent 22 of the past 25 years in jail.
LISTEN TO THE SENTENCE HERE
Justice Lex Lasry told him in the Supreme Court he regarded him as irredeemable and incapable of rehabilitation.
“What you did was kill Mr Kastenberger consciously and deliberately in circumstances where the money which was the target of your plan had been surrendered,” Justice Lasry told Rich.
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“It was a senseless and callous killing”.
The judge said Rich had an appalling criminal record dating back to 1971. He had 80 convictions from 15 court appearances and a large proportion of his life had been wasted committing crime.
The shooting of Mr Kastenberger on March 8, 2005, occurred within five months of Rich’s release on parole after serving an armed robbery sentence.
The prosecution had urged Justice Lasry to hand the unrepentant Rich a life term, saying he would “not be falling into error” if he locked up the heartless killer with no hope of release.
“There is absolutely no prospect of rehabilitation whatsoever,” prosecutor Michael Tinney SC said.
Mr Tinney said the death was brutal and totally unnecessary, given Mr Kastenberger posed no threat.
Rich, who was surrounded by five burly prison officers as he was brought into court, said he wished Justice Lasry well as he was led from the dock after being sentenced.
But as he walked past the bench while leaving the court he muttered “Idiot”.
Mr Kastenberger’s widow, Robyn, said outside court the sentence was “fantastic, absolutely fantastic”.
“I’ve got what I needed today. Thirty years and he’ll never be out. That’s what I need,” Mrs Kastenberger said.
“It’s a marvellous relief, and it is justice”.
She thanked her family and other crime victims for their support through the marathon 4 1/2-year legal process.
Rich’s trial earlier this year lasted four months. His defence since he was arrested five weeks after the fatal holdup is estimated to have cost taxpayers over $1 million.
But Rich’s lawyer said he should get a discount for the long hold-up in his case – even though it was caused by Rich’s own delaying tactics.
The prosecution scoffed at the suggestion the four-year delay should count in Rich’s favour, saying he had attempted to thwart the legal process at every turn.
Rich has acquired smuggled mobile phones and digital cameras and obtained unauthorized internet access during his time in jail. He has also been involved in prison assaults, fires and hunger strikes.
Probably the most well-read and knowledgable jailhouse lawyer in the country, he is notorious for sacking his lawyers, disrupting trials with outbursts from the dock and using delaying tactics designed to exhaust the prosecution.
He has earned a steady income in jail by reviewing police briefs of evidence and preparing legal documents for other prisoners.
Justice Lasry said Rich had treated the court with contempt during his trial. He said Rich had abused the judge and prosecution lawyers and tried to manipulate the legal process and intimidate the judge by threatening to sack his own lawyers and appear unrepresented.
Justice Lasry said there was no question of remorse because Rich disputed the verdict and maintained his innocence.
The judge said he was satisfied that Rich “deliberately and cold bloodedly” shot Mr Kastenberger as described by witnesses at the busy shopping centre.
“The unknown factor is why you did that,” Justice Lasry said.
“There is no evidence on which I can conclude that issue, but the jury’s verdict represents a verdict that you deliberately fired a shot into Mr Kastenberger with the necessary intent.
“Both guards were armed but neither made any attempt to use their firearms to defend themselves or the money being carried”.
Rich’s trial was told that Mr Kastenberger threw down the bag of money as soon as he was confronted by Rich and a co-offender.
The judge said he was prepared to accept that although Rich went to the shopping centre with a loaded .9mm pistol he had not planned to kill either of the two security guards delivering the money to a bank.
“However, I am satisfied that you took the loaded firearm with you on the basis that you would use it to make good your escape if you had to,” Justice Lasry said.
“You obviously felt that need had arisen and had no hesitation is using the gun to kill Mr Kastenberger”.
I think this story highlights that the criminal and their lawyers milk the system and see it as a massive game.
It is sad that we all continue to witness this disguising display of no remorse and disrespect from these criminals and yet they are handed all the rights and respect from the criminal justice system. Very shameful and very sad.
I really hope I see some positive changes in this failing system soon.
Well said Kornelia, it is a very unjust system we have to change to much is allowed to be said in favor of the criminal, they are allowed to use hear say evidence and say what they like about the victims as you are now learning. You would swear the justice system bats for the other side
Why is it so hard for victims of horrific crimes to be able to live with dignity, respect and understanding.
What we are asking for is not much and a little can go a long way.
Best wishes
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I read a very powerful story which i think everyone will be interested in, so where’s our voice? ALAN HOWE, herald sun. Feb 08,2010.
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Yes he doing a good job on the so called justice system