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Alison Mary DOWNER

Hearing:   
17 January 2011
At [Withheld], Prison

Decision:
25 January 2011

Members of the Board:   
Hon. MA Frater (Panel Convenor)
Ms S Pakura
Ms R Pritchard

Counsel:   
[Withheld],

Support People:   
[Withheld],
[Withheld],
[Withheld],
Alison Mary Downer, who is 72 years of age, is serving a sentence of two years and two months imprisonment for causing the death of Francis van Kampen while driving with excess breath alcohol, having driven with excess breath alcohol on at least two previous occasions.  Her sentence ends on 2 April 2012.

She first appeared before the Board in October last year, shortly before her parole eligibility date.  As she was due to graduate from the Drug Treatment Unit Programme in a week’s time the Board adjourned the hearing until this Board so that information concerning her progress in the programme, her reintegration and relapse prevention plan and Community Probation’s assessment of that plan could be available.  That is now to hand. 

Ms Downer is said to have been a consistent member of the therapeutic community, respected by other members.  She was responsible and complied with the rules of the programme.  However, she found it difficult to talk about her feelings and concerns in a group setting.  Care New Zealand therefore recommend that further alcohol counselling be on a one to one basis.

Ms Downer’s release plan addresses this issue.  It provides for ongoing counselling with an experienced alcohol and drug counsellor, [Withheld],, together with continuing support from her AA sponsor and regular attendance at Alcoholics Anonymous meetings.

This is on the basis, of course, that, on release, Ms Downer returns to live in her home at [Withheld],.  She says that whether or not her long time companion, [Withheld], lives with her there will depend upon whether he will commit to ongoing abstinence.

She is very much aware of her risk factors.  Foremost among them are isolation, loneliness, and family and relationship issues.  In the course of her incarceration she has built up a quite exceptional network of supporters and friends, all of whom are willing to assist her following release.  As well as professional support she can count on the support of AA friends, Quaker friends, friends who live locally and those who live in Wellington, neighbours and family members.  Of the 41 names provided, 31 live between [Withheld],  and [Withheld],.  Many of these people have offered to provide transport and practical help, and this was endorsed by her two friends and [Withheld], who were present at the Board hearing.

Ms Downer knows that members of her victim’s family are strongly opposed to her release.  She read the letter written by the victim’s widow prior to the previous hearing.  She acknowledges total responsibility for the avoidable accident that caused Mr van Kampen’s death.  She offers no excuses.  She is aware of the pain and devastation that she caused.  She sincerely wishes that she could undo what happened, but she cannot.

She acknowledges a longstanding struggle with alcoholism, but says that she is slowly recovering and has not regressed to the very sick person she once was.  She has also addressed issues with depression and is no longer on medication for this.  Finally, she says that she does not intend to drive again.

Based on static risk factors such as her age, and the nature and frequency of her offending, Ms Downer has a RoC*RoI score of 0.10063.  It means that her risk of re-offending is low.  In our view, the steps that she has taken while in custody, and the plan she has for her release, will serve to reduce that risk even further.

In all the circumstances, we are satisfied that, provided she complies with her safety plan, Ms Downer will not pose an undue risk to the safety of the community during the remainder of her sentence.  We say this notwithstanding that her plan involves her returning to her home in a relatively isolated rural setting.

We accept Ms Baigent’s submission that there are two issues to be addressed in this case : Ms Downer’s driving and her drinking.  Ms Baigent assured us that Ms Downer has never driven while disqualified.  She has no convictions for this and although previously indefinitely disqualified, prior to re-offending had completed the requirements to get her licence back.  By completing the DTU programme and undertaking to engage with [Withheld], she has, and will, continue to address the second issue.

Initially we had reservations about Ms Downer returning to live in her home, given its rural setting.  There were two bases for this concern:  First how Ms Downer would manage to buy food and groceries, and get out to attend the support meetings so necessary for her, without transport; secondly whether she would inadvertently bump into members of the victims families, who, we understand live in [Withheld],  and [Withheld],.  We are satisfied that Ms Downer can use a computer for internet banking and purchasing groceries and that her friends will ensure that she gets to her appointments and will keep in regular contact with her – providing support which previously she was unwilling to ask for.  The possibility of inadvertent contact with victims in a small community will always remain, but, we believe can be minimised if Ms Downer ensures that she spends as little time as possible in the public area where they live.  One of her release conditions has been drafted to cover the situation.

Ms Downer will be released on 23 February on the standard and the following special conditions, both of which will continue until her sentence end date:

1. To undertake and complete alcohol and drug counselling/treatment with [Withheld], or as directed by your Probation Officer to the satisfaction of the Probation Officer and the treatment provider.
2. To undertake and complete any other treatment/counselling directed by your Probation Officer to the satisfaction of the Probation Officer and the treatment provider.  The details of the counselling or treatment to be determined by your Probation Officer.
3. To reside at [Withheld], and not to move from that address without the prior written approval of a Probation Officer.
4. Not to stop in [Withheld],  or [Withheld],  shopping centres unless for the purposes of attending rehabilitative treatment, counselling, Quaker meetings or medical appointments, or otherwise with the prior written approval of a Probation Officer.
5. Not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Supervising Probation Officer.

We have deferred the date of Ms Downer’s release to enable her probation officer to convene a meeting of all her supporters, - professionals, friends, and family members, to be held before her release, to formulate a transport roster and identify practical ways in which people will assist her reintegration.  Provided this support and oversight is maintained we do not consider it necessary to impose residential restrictions.


(signed)
Hon. MA 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.
 
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