Hori GEMMELL 14/6/2022
Under section 21(2) of the Parole Act 2002
Hori Irimana Tenaku Winiata Kemp GEMMELL
Hearing: 14 June 2022
at Auckland Prison
Members of the Board:
Judge C Blackie – Panel Convenor
Mr G Coyle
Mr A Spierling
In Attendance: [withheld] - Case Manager
DECISION OF THE BOARD
- Hori Irimana Tenaku Winiata Kemp Gemmell was due to appear before the Parole Board on 14 June 2022. However he filed a waiver.
- Mr Gemmell is serving a sentence of three years four months’ imprisonment (cumulative) following his conviction of a number of charges, including unlawful taking motorcars, possession of a pistol, theft ex-car, reckless driving and common assault.
- Mr Gemmell’s sentence commencement date was 10 March 2020 and his sentence end date is 15 December 2022.
- Currently Mr Gemmell has a security classification of high and a RoC*RoI of .69025.
- When last seen by the Board in November 2021 Mr Gemmell was not seeking parole. He was noted as being somewhat unenthusiastic with regard to progressing down a rehabilitation pathway. To do so he needed to reduce his security classification. Mr Gemmell’s principal interest before the last Board was discussing his release conditions.
- The Board asked for a psychological assessment.
- As stated, Mr Gemmell did not avail himself of the opportunity to appear before the Board today. In the intervening period since the last hearing a comprehensive psychological report has been produced and also a psychiatric report.
- The psychiatrist advises that Mr Gemmell has an established drug-induced psychosis, trauma and polysubstance disorder. [withheld] Fortunately, on account of medication there has been a substantial improvement in his condition and it is not anticipated, at this time at least, that he needs to be taken under the care of a mental health facility.
- The psychological report advises that Mr Gemmell remains a high risk of general and violent offending. Although scheduled for both the DTP and the MIRP neither programme has been facilitated either on account of his security classification, or in the current situation the shortage of time.
- Clearly, Mr Gemmell needs a high level of reintegrative support upon release. He is yet to develop a safety plan. An address has been suggested at [withheld], but needs to be independently assessed by Corrections as to suitability.
- If even at this late stage if it is possible for Mr Gemmell to undertake the MIRP then he is encouraged to do so. Meantime, as a virtually untreated prisoner, Mr Gemmell remains an undue risk to the community and therefore parole is declined.
- Bearing in mind that his sentence end date fast approaches, a further Board hearing should be scheduled within the next four months, that is by the end of October 2022. At that time, inevitably, the Board will be considering his ultimate post-sentence release conditions.
Judge C Blackie