Parole hearing
Under section 21(1) of the Parole Act 2002
David Wayne TAMIHERE
Hearing: 04 November 2009
at (Withheld) Prison
Members of the Board:
Judge D J Carruthers
Judge J E Macdonald
Dr J Skipworth
Mr B McMurray
Ms L Nathan
Ms F Grenfell
Counsel:
Mr Gibson
DECISION OF THE BOARD
David Wayne Tamihere appears to be considered for parole yet again.
Last time the Board went to considerable difficulties to have an extensive review of his history, of his progress and to map some way forward.
Today, we are seeing him again supported, as he always is, by family members. What is pleasing to record is that he is attending the Special Treatment Unit at (Prison Withheld) and doing the Adult Sex Offenders Programme there.
These are early days. He says he is coming to the end of phase one.
As Mr Gibson, his counsel, has pointed out to us, the change to (Prison Withheld) after a long and settled period in prison elsewhere has not been without its costs. He and his family have both suffered because of the move but they are clearly focusing on a very clear, long-term gain.
It is important that he completes his programme. We are told that it will have finished in about June of next year. We will have the usual report following that.
We are going to decline parole today for obvious reasons and we will see him again in August when such a report will be available.
There is one further thing which is extremely disappointing. In spite of the Board going to a great deal of trouble to set out a course for the future which involves a series of home leaves, we are told today that nothing has happened. Indeed, we are told that one home leave which was planned was cancelled just two days before it was due to take place.
We are unable to understand that. We repeat our request and recommendation for home leave. This man is in the reintegrative phase of his sentence. He will soon have completed an intensive programme aimed at his criminal offending. It is essential that he is prepared for release in a sensible, positive and safe way.
We repeat the recommendation. For now, parole declined. To be rescheduled with the usual reports in August next year.
(signed)
Judge D J Carruthers
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.
