TAMIHERE - David Wayne - 02/11/2010
Parole hearing
Under section 21(1) of the Parole Act 2002
David Wayne TAMIHERE
Hearing:
02 November 2010
at [Withheld] Prison
Members of the Board:
Judge DJ Carruthers
Hon. MA Frater
Dr J Skipworth
Mr A Ritchie
Observer:
Ms S Jocelyn – Department of Corrections
Dr S Rippin
Counsel:
Mr M Gibson
Support Persons:
[Name Withheld]
[Name Withheld]
[Name Withheld]
Decision of the board
David Wayne Tamihere has spent now 21 years in prison – moving into his 22nd year.
He is serving a life sentence for murder. He was charged with and convicted of the murder of two tourists some years ago. Previous Boards have had what has been described as “vigorous and robust discussions” with him about both his denial and where the body of one of the tourists who has yet to be discovered could be found. Mr Tamihere has been adamant in his denial and we are satisfied that there is no purpose to be served in further pursuing that issue.
We are grateful for the careful submissions of Mr Gibson who has acted on behalf of Mr Tamihere for a number of years now. Of particular importance to us was the comment he made, which is reflected in our own assessment of the family, as being good people who now wish to get quietly on with their lives without fuss or bother and without any undue publicity. We accept what he says about Mr Tamihere simply wanting now to complete the remaining years for himself quietly with his family.
The issue for this Board is to be found within the terms of the Parole Act 2002. The Board cannot release a prisoner unless it is satisfied that he no longer poses an undue risk to the safety of the community or any person in it. In considering that issue the Board has to have regard to the support and supervision available in the community.
Mr Tamihere’s position was set out in the decision of the Board on the last occasion.
To recap briefly there was a remarkable breakthrough as a result of the involvement of a Maori psychologist with Mr Tamihere. He had always in the past resented involvement with psychologists and would not cooperate with them. As a result of the counselling he received from this person and with special help from the Department of Corrections and encouragement from his family, he undertook and completed the Adult Sex Offenders Treatment Programme. There are detailed reports about that. The result is that the psychologist reporting refers to the remarkable changes he made since attending the programme - that he has moved from being a very closed person to being quite open about all aspects of his past life and is showing increased ability to manage his risk in a satisfactory way.
A major risk in the past has been his alcohol abuse.
He told us the last time the Board saw him that for many years prior to his index offences he was simply never sober. He now understands that he has to regard himself as an alcoholic and will never drink again. He tells us that he is assisted in that regard because the medication he is on for a serious heart condition and other health matters prevents him from drinking but it is clear to us that a special condition that he not consume or possess alcohol or illicit drugs for the whole of his life will be essential in his case.
Mr Tamihere has had a number of home leaves increasing in duration. He has been extremely well supported by [Name Withheld] and [Name Withheld] over many years. They have continued to come, year by year, to Parole Board hearings to support the possibility of him being released. Their involvement with him as not been peripheral or of a passing nature. It has been conscientious. It has been solid. It has been unchanged and it remains. We have been very impressed by the support he has had from his immediate family and from others in the community.
He has particular support from the [Name Withheld] Marae and the [Name Withheld]. Senior members of those organisations have come on previous occasions to address the Board. They will continue to provide close support to him if he is released. Part of the proposal for his release is to be involved in support and in programmes with both of those organisations.
For some time there were discussions about the desirability of Mr Tamihere being released to a rural address and in particular a farming property held by his family for many years which is in a remote part of New Zealand. It had been hoped that there might be an electronic monitoring regime available there so that he could live there under very close supervision but it is now found not only that electronic monitoring is not possible in that place because of its remoteness but also that access is also very difficult and, indeed, hazardous. For now, therefore, although that property has considerable spiritual and ancestral meaning for Mr Tamihere, the release proposal before us is to a residential property owned by [Name Withheld] in [Address Withheld] with backup from [Name Withheld] and other people.
The proposal before us is for an electronic monitoring release. We have been impressed at the efforts gone to by the Department of Corrections which set up a special Departmental Team to consider and advise on Mr Tamihere’s position. It included the two principal psychologists in this region. There is an updated psychological report which speaks well of the proposal for release. It is, therefore, supported by the Departmental Team after proper scrutiny. Family support is, as we have indicated, very strong for this proposal. Of relevance to it is Mr Tamihere’s health situation which continues to be stable but serious.
Our business is with risk. Following all of the information (and we have a great deal of information now about Mr Tamihere) we have to step back and ask ourselves whether he would be an undue risk to the safety of any member of this New Zealand community if he were to be released. With the substantial support he has, the remarkable changes which have occurred and the very pro social people who are involved in his support on release we are now satisfied it is an appropriate time to release him and now we can do that because he has met the requirements of the Parole Act.
We have decided that he will be released on [Withheld] November 2010. We reserved our decision yesterday for a specific purpose and explained this to him. The reason for that is that the victims’ families have become registered only very recently and since they live on the other side of the world there needs to be notification for them of the decision to release before it is available to all others. For that reason there has been a delay in passing on to Mr Tamihere and his family, this decision. Everyone will be receiving it at about the same time.
His release on [Withheld] November 2010 will be on both standard and special conditions. Standard conditions will continue for life. One special condition will also continue for life and that is that he not possess or consume alcohol or illicit drugs. That is for the reasons indicated above.
Other special conditions will be imposed for a period of five years from the date of release.
A particular special condition which is worthy of mention in addition to the one already referred to is that he will be required to return to the Board in February of next year for a monitoring and progress hearing in order to see how he is getting on and to see what changes might be necessary.
Released accordingly.
The special conditions are as follows:
- To engage with support services (as directed by the Probation Officer) including [Name Withheld] Marae and [Name Withheld] , and If found to be suitable, attend and complete a Tikanga Maori Programme to the satisfaction of the Probation Officer and the programme provider.
- Attend for a psychological assessment. Attend and complete any treatment/counselling including any maintenance for the Adult Sex Offenders Programme as may be directed by your Probation Officer.
- Undertake and complete appropriate alcohol and drug treatment/counselling to the satisfaction of the Probation Officer and treatment provider. The details of the counselling/treatment to be determined by your Probation Officer.
- To notify your Probation Officer prior to starting, terminating or changing your position or place of the employment.
- Not to communicate or associate with any person(s) or class of persons specified in writing by the Probation Officer, unless you have the prior written consent of your Probation Officer.
- Upon release to travel directly to [Address Withheld] and to remain at that address until the arrival of the Probation Officer and a representative of the Monitoring Company.
- To reside at [Address Withheld] under full residential restrictions release conditions or at such other address as may from time to time be approved in writing by your Probation Officer and to fully comply at all times with the full requirements of residential restrictions.
- To attend a whanau/family hui at an approved venue within a time frame to be determined by your Probation Officer.
- Not to consume or possess alcohol or illicit drugs for your lifetime.
- To attend a hearing notified to you, and in accordance with any directions given by the New Zealand Parole Board to enable the New Zealand Parole Board to monitor your compliance with your release conditions. A report is required for this hearing.
- Not to have contact or otherwise associate with the families of the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
- Notwithstanding the residential restrictions release conditions imposed above, you may visit the family property at [Address Withheld] if accompanied at all times by approved whanau members and otherwise upon such conditions and for such times as may be authorised to you by your Probation Officer in writing – in such case you must travel to and from the property by the most direct route.
Finally, we have given careful consideration to the request made by Police some time ago that a condition of Mr Tamihere’s release might be that he disclose the whereabouts of the missing body. That has been part of the discussion that we have had with Mr Tamihere in the past. As we have said we see no useful purpose in pursuing it. Each time it is met with an adamant denial. We feel strongly for the victim’s family that they cannot at present complete the usual funeral and burial procedures which may bring at least a measure of peace to them but we record that our attempts have not been successful and we do not think that we can take that matter any further.
Judge DJ 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:
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- 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.