Murderer discriminated against for being British

A convicted rapist and murderer from the UK has successfully argued he was racially discriminated against while in prison because he was British.

After a six-year Legal Aid review which cost NSW taxpayers $100,000, British national Barry Whiteoak won a total of $500 which will go to victims of crime.

Whiteoak, 66, argued he was discriminated against because he was unable to partake in day release and employment opportunities due to his classification as a "lawful non-citizen", the Daily Telegraph reports.

"It is discrimination because the policy decisions are treating me differently to what an Australian citizen is treated," Whiteoak told the Administrative Decisions Tribunal.

The Yorkshire native successfully argued that he was refused access to the perks in prison solely "on the fact I am a British subject in jail" and not on his offensive behaviour.

Whiteoak was sentenced to life in prison for the 1983 murder of 25-year-old nurse Noreen Hannon.

His criminal history also includes a rape in 1980 and the indecent assault of another woman with a knife two years before that.

In 1994, Whiteoak's life sentence was changed to a minimum 15 years.

In 2008 the Department of Immigration cancelled his permanent residency to ensure he would be deported upon release, leading to the current legal situation which allowed him to launch his case.

Legal Aid was compelled to fund the case due to a "fundamental legal principle" which has been amended to prevent future such cases.

Source: Daily Telegraph
Author: Nicholas McCallum, Approving editor: Erin Tennant