Blair Wiremu TAMIHANA 8/4/2022

Application for recall

Under section 60(2) of the Parole Act 2002

between

Probation Officer

Applicant

and

Blair Wiremu TAMIHANA

Respondent

Hearing: 08 April 2022

at Christchurch Prison by MS Teams

Members of the Board: Mr N Trendle – Panel Convenor

Mr C King

Mr M Quigg

Counsel:                                          

Mr A Greaves – for the respondent

Ms C Boshier – for the applicant

In Attendance: [withheld] – Service Manager

DECISION OF THE BOARD

  1. Blair Wiremu Tamihana is responding to an application by his Probation Officer for his recall to prison to continue serving a sentence of three years eight months’ imprisonment for attempted murder.  His statutory release date is 28 December 2022.  He was released on parole on 15 January 2022 on standard and special conditions to remain in force for a period expiring six months after his statutory release date.
  2. The grounds for the application are that Mr Tamihana poses an undue risk to the safety of the community and that he breached his release conditions.  Mr Greaves appeared for Mr Tamihana.  Ms Boshier appeared for the applicant.
  3. The basis for the application was that on 12 March 2022 Mr Tamihana travelled to the West Coast, where he made contact with his victim and consumed alcohol.  Both those matters were contrary to his release conditions.
  4. Mr Greaves conceded the breach of release conditions but invited the Board to exercise its discretion not to make a final recall order on the basis that although he was in contact his victim, Mr Tamihana was responding to ongoing communications from her.  While he accepted responsibility for his breach, he did not harm her in any way and as far as he was concerned the relationship is now over.
  5. The Board discussed at some length with Mr Tamihana, the reasons for his breach of release conditions.  He told us that around mid-February, his victim made contact with him over social media.  Thereafter, they continued communication through WhatsApp on a regular basis.  She asked him to meet up with on the West Coast and that was why he went there.
  6. We note that throughout this period, Mr Tamihana did not confide in his Probation Officer that he was in contact with his victim.  He told us that he wanted to see the victim face to face so that he could close that chapter of the book.  He needed to know where he stood in her world.  He was also concerned at her lies and manipulation of him.  He was of the view that she was playing mental games with him, but he would not have gone to the West Coast to see her unless she wanted to see him.
  7. Mr Greaves referred to the discontinuance of Mr Tamihana’s medication regime on his recall to prison and submitted that it is contributing to his present risk.  Mr Greaves submitted that his return to the community and to his prescribed medication together with his commitment to release conditions would mitigate any risk.
  8. Ms Boshier closed on the submission that Mr Tamihana’s actions in breaching his release conditions and covertly communicating with the victim without the knowledge and approval of his probation officer, was evidence of risk.  His consumption of alcohol on more than one occasion compounded the risk.  Although he said that he was angry with himself for contacting her, his discussion with the Board could also be taken as an expression of his anger at [withheld].
  9. The Board finds the grounds for the application is made out.  Indeed, they were conceded.  Having regard to the seriousness of his index offending and the significant breaches of his release conditions, we are unable to exercise our discretion in his favour.  We are concerned that the risk to the safety of his former partner remains undue.  We accept the comment made by Community Corrections that the risk cannot be managed with enhanced release conditions. Moreover, for now, we have no confidence that he would comply with conditions imposed by the Board.
  10. The Board has [withheld].  The nature of his offending and the circumstances surrounding his breach of release conditions and his discussion with us today reinforces the need, in the Board’s view, for a psychological assessment to identify how his risk in the future can best be managed.
  11. A final recall order is made.  Mr Tamihana will be scheduled to return to the Board in four months, by 30 August 2022.  For that hearing the Board would be assisted by a psychological assessment as to his risk with recommendations as to any residual rehabilitation and reintegration needs and how they may best be met.

Mr N Trendle
Panel Convenor