Bulletin: X Factor and the judgement of Shae Brider

A contestant on The X Factor raises the question of when a convicted killer's debt to society has been paid.

 

Everyone loves a redemption story, except for everyone who doesn’t. Can someone ever truly pay for a crime – especially if that crime is taking someone else’s life?

That question may dog this year’s season of The X Factor after it was revealed that one contestant has a criminal past. Shae Brider auditioned for the show and was featured on Tuesday night. Introducing himself, he recalled his troubled past and disclosed that he spent six years in prison.

“I met some dudes and we went to a bonfire ... there was a commotion with two of them and one of them stabbed the other one and he ended up passing away,” he said.

At The Spinoff, Duncan Greive points out that the court records suggest something different:

“You were simply looking for people that you could assault,” said Justice Miller at sentencing. Brider and some friends got drunk and stoned then found some people to assault. First they beat up Daniel Grey and Greg Parnell on Somme Parade, by the Whanganui river. Next they moved down to the coast, where 16-year-old Jeremy Frew was fatally stabbed in the heart by Hatata while sat in his car at Castlecliff beach.

“It’s good that we live in a country which allows redemption, where convicted criminals can serve their time then sing disastrous Eminem covers on talent shows.” Duncan says. But he points out that allowing Brider to talk about the crime in “throwaway terms”, without balancing the ledger does seem irresponsible.

Stuff.co.nz reports that Brider was originally convicted of manslaughter in 2006 but the Court of Appeal set aside the conviction and he was retried in May, 2009.

He can get a second chance at life when his victim gets a second chance at life. Oh that's right his, victim is DEAD!!!!!

The second trial saw him again convicted of manslaughter and the evidence increased his share of the blame. Brider's sentence was increased by a year after the retrial to 8-1/2 years.

The show clarified the situation, with a TV3 spokesperson saying:

Shae Brider disclosed his criminal record when he entered The X Factor NZ and as a standard part of the process a police check was run.  It was important to include this part of Shae’s background in last night’s episode, and as is the case with all contestants, this was done in his own words.  The X Factor NZ acknowledges the impact Shae’s past actions have had on his victims, and apologises for any distress that has been caused by last night’s episode.  That was not our intention.  However it is important to note the NZ Justice system judges Shae has paid his debt to society, and now has a second chance to make a positive contribution.  

Over on Facebook, opinion is divided on The X Factor page.

Comments range from “Kill someone + jail time does not = debt to society paid. He can get a second chance at life when his victim gets a second chance at life. Oh that's right his, victim is DEAD!!!!!” to “I believe on second chances. You unforgiving assholes.”

Another comment says “omg a life was lost but his life gos on. im sorry but im thinkin of the family who have lost a love one.” Jeremy Frew’s mother, Donna Travers, told the New Zealand Herald that the show should have checked the facts of what Shae Brider said. “What really got to us the most was that he said Jeremy was his friend, that was the worst thing that guy could have said. My son was scared of him and his mates and he said it on the day he was killed.”

Travers told the Herald that she doesn’t care that Shae is on The X Factor, but that the facts weren’t checked. “I want a national apology, not on Facebook or in the newspaper, but a national apology on the television saying they should have got their facts right. It's devastating for us, it revictimises us. My sister and my daughter were watching it and they had no idea it was going to be on.”

The feelings of victims and the reality of the impact of crime on those people it affects always has to be balanced against someone’s ability to move on with their life.

Brider told the Wairarapa Times-Age he has done everything he can to be respectful of the Frew family. “I've done everything I can to be respectful to the family. I took myself away from my hometown in order to give them space and I've never gone back there because of that.”

“Since the jail sentence I used to get so far then there's another wall put there, and then again and then again and then again,” he says. “Today it's just another wall to tear down. I don't need to be reminded by headlines and stuff about what happened. "I know what I did and all I need from the public is support.”

Maddy King, a spokesperson for youth justice organisation, Justspeak, says the X Factor producers could have done a much better job of handling the situation. She sympathises with the Frew family.

Imagine if we were all judged on the worst thing we’ve ever done. What miserable existences we would have.

“I think the producers could have done a far better job of proactively contacting them, giving them a heads up that Shea would be on TV. Also enabling the family to have a say in how they’d want it to be handled. That’s obviously the decent thing to do, and I think they really dropped the ball on that one.”

But, she says Shea is a success story. “I think if we as a society don’t believe in second chances, then what’s the point of prison at all?” Maddy points out that the Department of Corrections says the purpose of prison is punishment, public protection, rehabilitation and deterrence.

“He’s done six years, he’s done his time, he’s kept a clean record since except for a driving charge.” That, in itself is impressive, giving New Zealand’s high recidivism rate, especially for younger people. “Shae being on stage shows it is possible to turn your life around and become a vauled member of society, and I think that’s really important.”

“Imagine if we were all judged on the worst thing we’ve ever done. What miserable existences we would have. We have to believe we’re all more than our worst offence.”

“I wish him luck staying on a good path,” she says. “I hope he has really strong support networks around him as he receives all this flak from the public. And I hope he benefits from his journey through The X Factor, and continues to be an inspiring example of the ability to turn your life around.” 

[Update]: TV3’s parent company has announced that it has met with Ms Travers, and issued a second statement.

“I regret the impact it's had on everyone else . . . I didn't see it coming, just naive.”

A Mediaworks spokesperson said the company takes the the impact it has had on the victim’s family very seriously. “[We] have today been talking with Donna Travers both to apologise personally and discuss with her the best way to add to yesterday’s public apology.”

“We will be starting the Sunday and Monday night episodes of The X Factor NZ with an apology to Donna and her family.”

The spokesperson said it is hoped the public and on-air apologies would go some way toward alleviating the hurt and distress the family have suffered as a consequence of Tuesday’s episode.

Meanwhile, Stuff.co.nz reports that Brider says, had he properly thought through the pain it would cause, he might not have gone on The X Factor. “I regret the impact it's had on everyone else . . . I didn't see it coming, just naive.”

“I really do apologise to the family for disrespecting them, in a way . . . They're within their rights to say and do whatever they like, and I'm here to take it.”

Stuff reports that Brider was declined parole at least once because he posed “an undue risk to the safety of the community”, and had been in prison twice before, according to a parole hearing report that describes his offending as “awful”.

He has married since moving to Masterton on his release, has a job in a petrol station and is performing regularly as a singer.