Hori Irimana Tenaku Winiata Kemp GEMMELL 11/11/2021

Parole Hearing

Under section 21(2) of the Parole Act 2002

Hori Irimana Tenaku Winiata Kemp GEMMELL

Hearing: 11 November 2021

at Auckland Prison via MS Teams

Members of the Board: Ms T Williams Blyth (Panel Convenor)

Ms S Bailey

Hon. C Borrows

Counsel:                                        Sue Kim

In Attendance:                               (withheld) (Case Manager)


  1. Hori Gemmell (26) appears for consideration of parole on a three-year four-month cumulative sentence for unlawful possession of a firearm, theft, unlawfully taking a motor vehicle and operating a motor vehicle recklessly.
  2. Mr Gemmell has a history of offending beginning in 2013.  He has previous convictions for violence, burglary, and breaching court‑imposed sentences.
  3. The information before us is not particularly positive.  Mr Gemmell has been involved in 17 incidents, 11 of which have been escalated to misconducts and has a maximum-security classification.
  4. At the outset of the hearing, counsel confirmed that Mr Gemmell is not seeking parole.  He does however want to discuss his release conditions.  We have suggested that Mr Gemmell may wish to have that discussion with a future Board.
  5. Mr Gemmell did not appear particularly enthusiastic today.  He is just doing his sentence because trying to get his security classification down is unreasonable.
  6. In that regard, Mr Gemmell described getting his behaviour under control in the past, but it did not make any difference to his security classification or his ability to do treatment.
  7. Mr Gemmell no longer sees the point in trying.  He has had two years to do courses, and nothing has happened.  He does not see anything changing in the year he has left on his sentence.  He’s also heard it all from the previous Board.  He got his security classification down, but nothing happened.  There have been lots of barriers and every time he gets over one, there is another one.
  8. During the discussion Mr Gemmell got a bit hōhā.   He was not keen to remain if his release conditions were not going to be discussed.  Towards the end of the hearing, he became a little more positive.  If he makes it back to Invercargill prison he will be more motivated.  He wants to get back to his family.
  9. The PCO confirmed that Mr Gemmell is doing well now.  His next security classification is in February.
  10. (withheld) (Case Manager) confirmed that Mr Gemmell has been okay to work with.  He has also told her he intends to do his full sentence.
  11. Given Mr Gemmell’s history, current offending, and his age it seems inappropriate to us that Mr Gemmell sit out his time in prison without treatment and is released at his sentence end date.
  12. We are unclear about his risk, as well as the treatment pathway.  If he remains on maximum or high security, it is not clear that he will be given the opportunity to engage in any treatment.
  13. In the circumstances we ask for a psychological assessment.  The assessment is to consider Mr Gemmell’s risk, treatment needs, and the appropriate way forward including assessment of his release plan if he has one.
  14. In the meantime, it is clear that Mr Gemmell’s risk remains undue, and parole is declined.  We will see Mr Gemmell for further consideration of parole in June 2022 and no later than 30 June 2022.

Ms T Williams Blyth

Panel Convenor