Fabian MIKA - 14/10/2019
Under section 21(2) of the Parole Act 2002
Under section 18(2) (SRD) of the Parole Act 2002
Fabian Jessie MIKA
Hearing: 14 October 2019
at Christchurch Men’s Prison via AVL to NZ Parole Board, Wellington
Members of the Board:
- Ms M Coleman – Panel Convenor
- Mr B McMurray
- Mr G Crowley
- Mr T Nicholls
DECISION OF THE BOARD
- Fabian Jessie Mika, who is 31, appeared before the Board today for further consideration of parole on a six year nine month sentence for driving a motor vehicle which failed to stop when being chased by police. Mr Mika crashed the vehicle and ran off. One of the passengers in the vehicle died. In sentencing, the Judge referred to the excessive consumption of alcohol and drugs and him ignoring his passenger’s warning and pleas at the time.
- Mr Mika was last seen a month ago in September 2019. There was a last minute change to his preferred accommodation which was now to reside with [withheld]. That address had not been checked. Parole was declined but he was rescheduled to be seen today.
- That address is not approved. There are safety concerns relating to the behaviour of [withheld]. [withheld].
- [withheld] was at the hearing today. In his view, there will be no increased risk as a result of Mr Mika residing with [withheld]. He told the Board that his [withheld] has already been around [withheld]. In his view, Mr Mika coming to live with them would not make any matters worse. For his part, Mr Mika is very keen to reside with [withheld]. He said that this is the only real support that he has ever had and was clearly looking forward to returning to the community with that support and to be close to [withheld] who is often at the house.
- The Board is simply not in a position today to be satisfied it is an appropriate address for Mr Mika. It therefore simply imposes a release condition that he reside at an approved address.
- Mr Mika became abusive when the Board indicated it was not prepared to direct his release to reside with [withheld] and the hearing ended prematurely. The Board further notes that on leaving the hearing room, Mr Mika shouted, “Mongrel Mob”. His behaviour at the hearing today reflects the comments in the parole assessment report that he has poor impulse control and an explosive temper.
- The Board was unable to discuss further the special conditions it intended to impose with Mr Mika who repeatedly said that he did not intend to abide by any conditions imposed.
- Given the role that drugs and alcohol played in the index offending, the Board is imposing an abstinence provision. Mr Mika needs to be aware that his compliance with a condition that he not possess or consume alcohol or drugs can be monitored once he is in the community.
- One of the other conditions is that he not enter the suburb of Mairehau as defined in writing by a probation officer. This is to be monitored by GPS monitoring.
- Mr Mika will be released at his statutory release date [10 November 2019]. He will be subject to standard and special conditions for six months past that date.
- The special conditions are as follows:
(1) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.
(2) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.
(3) To reside at address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.
(4) Not to enter the suburb of Mairehau as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.
(5) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.
(6) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.
(7) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.
(8) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.
Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.
Ms M Coleman