Sean SURGEON 9/9/2021
Under section 21(2) of the Parole Act 2002
Under section 18(2) (SRD) of the Parole Act 2002
Hearing: 9 September 2021
at Hawke’s Bay Regional Prison via Video Conference
Members of the Board: Sir Ron Young – Chairperson
Ms W Taumaunu
In Attendance: [withheld] - Case Manager
DECISION OF THE BOARD
- Mr Surgeon is 54 years of age, was sentenced to four-and-a-half years’ imprisonment for unlawful sexual connection and indecent assaults with under 12-year-olds. There were three complaints. His final release date is 10 October 2021. The offending occurred in 2006, 2014 and 2017.
- We last saw him in August 2021. At that stage, what we were hoping to do is see the victims. We were not able to see them before the August hearing, and so we adjourned the hearing until September to better understand their concerns about release addresses.
- As to the current position, Mr Surgeon accepts the appropriate course for us now is to set conditions for his release. Overall, he has worked hard in prison. He has a good work record and good conduct. He recently completed all his one-on-one counselling with a psychologist. In the past, he has been isolated from his family, he has been [withheld] and those issues have contributed to his attraction to young females. And so, it is vital that Mr Surgeon and his support people understand his vulnerabilities.
- We have told Mr Surgeon today and we confirm, that he will be prohibited from going to the Hawke's Bay, Manawatu, and the Wellington area. The Wellington prohibition will not include [withheld] and so Mr Surgeon will be free to be released to [withheld]. He wants to be released there and enquiries are being made as to appropriate accommodation.
- Mr Surgeon will be prohibited from having contact with under 16‑year-olds. He can do so in exceptional circumstances if he has an appropriate support person as identified by his probation officer. We expressed our concern to Mr Surgeon about [withheld] being a support person given the [withheld]. We consider it better therefore that there be someone independent of the family who can or cannot give permission and be present at any such approved contact. However, Mr Surgeon is better to stay away from anyone under 16.
- We will therefore impose the conditions set in the PAR with the changes we have indicated - namely the expanded geographical prohibition. The geographical prohibitions will be supported by six months of electronic monitoring.
- The release conditions will be for 6 months from the sentence end date and are:
(1) Not to enter Hawke’s Bay, Manawatu, and Wellington as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.
(2) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.
(3) 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.
(4) To reside at an 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.
(5) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.
(6) To attend, participate in and complete any programme/treatment/counselling as directed by a Probation Officer.
(7) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.
(8) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.
(9) Not to have contact or otherwise associate, with any victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.
(10) To attend a reintegration meeting as directed by a Probation Officer.
Sir Ron Young
This decision has been issued following consideration of parole in accordance with the provisions of an epidemic management notice issued by the Government on 30 March 2020 and in accordance with section 13A of the Parole Act 2002. There has been a hearing conducted by a Panel Convenor and a Board Member. All of the usual material has been considered and there has been a videoconference discussion involving the Board, the Offender, Counsel and Case Management.