Richard Lyall Genge was imprisoned for a minimum non-parole period of 15 years after the fatal attack of 22-year-old Anne Maree Ellens in 1994.
Genge and two others raped her before beating her to death at Christchurch East School.
Since he was jailed for Ellens’ murder, Genge has frequently taken the justice system to court over perceived grievances.
The most recent appeal relates to two disciplinary charges for breaches of prison rules, one of which was for sparring and the other for refusing to go back to his cell. Visiting justices found the charges proven, and Genge’s first appeal was dismissed by Justice Gendall last year.
Genge then appealed this judgement in front of Justice Courtney, Justice Collins, and Court of Appeal president Justice Cooper.
In the decision given by Courtney this month, she stated the sparring charge related to an incident in April, 2017, a year after Genge had signed a form acknowledging the existence of a zero-tolerance for violence rule.
Corrections officers at Christchurch Men’s Prison observed Genge throwing punches at another prisoner who was wearing jandals on each hand and moving his head as if to avoid blows.
Genge was charged with misconduct for failing to comply with the zero-tolerance policy.
Though Genge argued they were engaged in pads’ training – exercising, not sparring – Courtney said they were satisfied the definition of sparring included making the motions of boxing as well as boxing itself.
Any ambiguity about the sparring rule or unfairness in charging Genge was also rejected.
The cell decision relates to an incident in July, 2019, when the upper level of the centre unit at Invercargill Prison lost power and prisoners refused to go back to their cells when they were told to lockdown for the night.
Many of the inmates did slowly return to their cells as more staff arrived and warnings were given, but Genge took the long way back, stopping along the way, and waiting outside of his cell until an officer directly told him to enter.
He was charged with failing to obey an order.
Genge argued he had been blocked by other prisoners, but CCTV footage showed he was not blocked and could have taken a shorter route, Courtney said.
The justices also rejected claims Genge had not been personally asked to return, he had been unfairly charged, and the lack of power was in breach of United Nations minimum standard for the treatment of prisoners.
Both appeals for a judicial review of Gendall’s 2021 decision were also dismissed.
