Parole denied for 'Bulli butcher'

By Emma Shaw
Updated November 5 2012 - 7:40pm, first published February 12 2009 - 10:54am
Jeff Smith (left), Sharon Gallagher and John Smith fought against the early release of Matthew Gagalowicz, who killed their brother Ricky with a bat. Picture: HANK van STUIVENBERG
Jeff Smith (left), Sharon Gallagher and John Smith fought against the early release of Matthew Gagalowicz, who killed their brother Ricky with a bat. Picture: HANK van STUIVENBERG

The family of a man who was killed, dismembered and buried in a Bulli backyard are rejoicing after successfully petitioning to keep his killer behind bars.Matthew Gagalowicz used a metal baseball bat to bash to death his drug supplier, Ricky Smith, at Farrell Rd in February 2003.In 2005 Gagalowicz was convicted of manslaughter. He was sentenced to eight years' jail by Justice Michael Adams, who said the killing was carried out while Gagalowicz was in a drug-induced psychosis.The sentence was later ruled "manifestly inadequate" by NSW Court of Criminal Appeal Judge Anthony Whealy, who said Mr Smith's life was taken in "the most violent and gruesome fashion". Two years was added to Gagalowicz's original sentence.Gagalowicz, who has been in custody since April 2003, was to become eligible for parole on April 18 this year. But yesterday the NSW Parole Board met privately to consider the case and announced its intention to refuse parole on the grounds that Gagalowicz was not ready for release.Ricky Smith's brother, John, said he and his siblings, Jeff Smith and Sharon Gallagher, had written to the board to explain how the crime had affected the entire family - and were now breathing a sigh of relief at the decision. "It's the best news I've heard in a long time," Mr Smith said."I'm going to try to do everything in my power to keep him behind bars for as long as possible," he added.With the sixth anniversary of his brother's death on Sunday, Mr Smith said his family had been devastated at the prospect that Gagalowicz might be back on the streets after serving just six years in jail."It's ridiculous, my brother's life was worth more than six years," Mr Smith said."I know the circumstances at the end of his life weren't the best, but there were other circumstances that led him there."Ricky's daughter has just finished kindergarten. What justice is that? How do we explain to her what happened to her father? "His daughter deserves more than that - and so do the community. My mother used to be an outgoing person, now she won't move out of the house. Time doesn't heal all wounds. It's always going to be there but six years is not sufficient." Gagalowicz has a right to a review hearing, with the chance to reverse the board's decision. A date will be set for the hearing next week.

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