BARLOW - John Robert - 18/08/10
Parole hearing
Under section 21(1) of the Parole Act 2002
John Robert BARLOW
Hearing:
18 August 2010
at (Withheld) Prison
Members of the Board:
Hon. M A Frater
Judge P Mahony
Assoc. Prof. P Brinded
Mr A Ritchie
Counsel:
(Withheld)
Observer:
Ms N Reynolds (Department of Corrections)
Mr A Spierling (NZ Parole Board)
Mr T Graham (Radio NZ)
Support Persons:
(Withheld)
(Withheld)
(Withheld)
We have talked with Mr Barlow today about what he has done in the past six months to address the concerns raised by the February Board. We also talked about the challenges he will face on release.
His behaviour within the prison is described as generally compliant. He has maintained his minimum security classification and remained IDU and misconduct free. Although the accumulation of fruit and cigarettes in his cell raised the possibility that he has continued to be involved in trading, this has not been not substantiated and we take the matter no further.
The significant feature of this period has been the progress Mr Barlow has been able to make towards reintegration.
He has continued to go out each weekday with the (Workplace Name Withheld), upgrading paths and walkways. This has given him the opportunity to see the world outside the prison and to interact with different people in a variety of situations.
Significantly, he has also engaged in home leaves of increasing duration. Before the February Board he had had only one, for five hours. Since then he has had three of eight hours, one lasting 24 hours, one for 48 hours and the most recent one for 72 hours.
We asked him what the greatest challenge he faced was during these leaves. He could not identify any. He said that it was just like he was returning home from a work trip. His family agreed.
We also asked him to identify factors which he thought might elevate his assessed low risk of committing another murder or another serious instrumental violent offence in the short to medium term. Again he could not think of any.
We pointed to (Withheld)’s psychological report in which he said:
We talked about each one of these factors.
Mr Barlow assured us that he would work closely with his Probation Officer and his supporters. They, in turn, confirmed the undertakings they had previously given in writing to immediately notify his lawyer, (Withheld), and the parole authorities, if they became aware, or even suspected,that Mr Barlow was breaching his parole conditions, and to do so immediately and without discussing the matter with him.
With regard to firearms, Mr Barlow said that he knew that the Police would not renew his firearms licence and that he was not interested in firearms in any event; his only interest is in antiques.
Finally, we talked about ongoing contact between Mr Barlow and people he met or associations he formed while in custody. He said that with one exception, he would have no hesitation in rebuffing any attempts by former inmates to contact or associate with him.
Section 28 of the Parole Act directs the Board not to release an offender unless we are satisfied that he will not pose an undue risk to the safety of the community having regard to the support and supervision available to him following release and the public interest in his rehabilitation into society as a law abiding citizen.
As we have stated before, Mr Barlow is fortunate to have outstanding support from his family and a wide circle of friends. He also has a stable home to return to. His wife is in full time employment and can support them, and he is able to usefully occupy his time. Given that, and the supervision which will be provided by Community Probation and the limitations imposed by standard and special conditions, we are satisfied that the point has now been reached that Mr Barlow can safely be released.
Accordingly, he will be released on parole on (Date Withheld) August 2010 on the standard conditions which will continue for life, and the following special conditions, which will continue for five years post release:
(1) To reside at (Withheld) and not to move from that address without the prior written approval of your Probation Officer.
(2) To undertake and complete appropriate treatment/counselling aimed at reducing the risk of reoffending as directed by your Probation Officer to the satisfaction of your Probation Officer and the treatment provider.
(3) Not to contact or associate directly or indirectly with former prison inmates without the prior written approval of your probation officer.
(4) Not to possess or own firearms of any description including air rifles and antiques.
(5) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(6) Not to have contact or otherwise associate with the victims of your offending, directly or indirectly, without the prior written consent of your Probation Officer.
Hon. M A Frater
Panel Convenor
Review
• You may apply for a review of the Board’s decision under section 67(1). The only grounds under which you may make an application for review are that the Board, in making its decision:
a) Failed to comply with procedures in the Parole Act 2002; or
b) Made an error of law; or
c) Failed to comply with Board policy resulting in unfairness to the offender; or
d) Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e) Acted without jurisdiction.
• To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
• Reviews are considered on the papers only. There is no hearing in respect of your Review Application.