David Michael WITCHALL 18/8/2021

Parole Hearing

Under section 21(2) of the Parole Act 2002

David Michael WITCHALL

Hearing: 18 August 2021

at Christchurch Men’s Prison

via teleconference to the NZPB

Members of the Board: Ms M Coleman (Panel Convenor)

Ms C Tiumalu

Mr B McMurray

In attendance: (withheld) (PCO)

DECISION OF THE BOARD

  1. This hearing was held under the restrictions arising from the Public Health Response (Alert Level Requirements) Order (No 9) 2021. It was held by way of telephone conference pursuant to section 118E of the Parole Act 2002. The hearing was attended by the parties who would otherwise attend the hearing, except for supporters, and all the usual material was available and considered by the Board in reaching this decision.
  2. David Michael Witchall who is 32, was further considered for parole today.
  3. Mr Witchall is subject to a nine year four-month sentence.  He was sentenced to nine years and two months following sexual offending including rape of a woman over the age of 16.  Further violence within prison saw an additional two months be added to that original sentence.
  4. Mr Witchall pleaded guilty to this offending.  He confirmed today however that he is maintaining his innocence.
  5. Mr Witchall was last seen by the Board in September 2019.  That was the first hearing on the sentence and that the offending took place while he was subject to an earlier sentence.  The Board noted his rapid reoffending and asked for a psychological report to be available to the Board today.
  6. Unfortunately, due to an administrative error the report was not prepared.  Mr Witchall confirmed today that he is happy to speak with a psychologist.
  7. The Board considers it important to have that report.  In the absence of treatment or a risk assessment that suggest treatment is unnecessary the Board is not satisfied that Mr Witchall’s risk is no longer undue.  Therefore, it declines parole today.
  8. Mr Witchall will be seen again in January 2022 and by the end of January 2022 at the latest.  The psychological assessment is required for that hearing.

Ms M Coleman

Panel Convenor