It was up to John Smith to tell his mother yesterday that her son's killer had been freed after just six years behind bars."We've been kicked in the guts," he told the Illawarra Mercury.Mr Smith's brother Ricky was killed in February 2003 by Matthew Gagalowicz at a house in Bulli.Gagalowicz bashed his 41-year-old drug supplier to death with a baseball bat before dismembering his body and burying it in the backyard during a drug-induced psychosis.He entered a guilty plea to manslaughter on the first day of his 2005 murder trial.A jury later found Gagalowicz not guilty of murdering Mr Smith and Justice Michael Adams sentenced him to just eight years' jail, with a four-year non-parole period for the manslaughter charge.The NSW Court of Criminal Appeal later found the sentence manifestly inadequate and added a further two years.In February this year the State Parole Authority announced an intention to refuse the killer's parole saying Gagalowicz was not ready for release.But yesterday, in a surprise move, the authority granted his parole, allowing Gagalowicz to walk out of Cooma jail any time in the next week.He was banned from leaving Canberra without permission and he cannot consume alcohol or drugs while on parole.Yesterday's decision left Mr Smith's family shocked and upset as they believed the hearing was a formality in the refusal of Gagalowicz's parole."It's bloody ridiculous, it's a joke," John Smith said."At 24 years of age he's walking our streets again."Mr Smith said he had heard of cases where criminals got longer sentences for fraud matters than Gagalowicz received for manslaughter."He's never even said anything to us, never shown remorse," he said.The Smith family were fearful of Gagalowicz returning to the Illawarra."Who's going to stop him coming here?" Mr Smith said."No-one's going to be standing there at the border."