Hori Irimana Tenaku Winiata Kemp GEMMELL 10/10/2022
Under section 21(2) of the Parole Act 2002 and
Under section 18(2) (SRD) of the Parole Act 2002
Hori Irimana Tenaku Winiata Kemp GEMMELL
Hearing: 10 October 2022
at Auckland Prison by MS Teams
Members of the Board:
Ms K Snook – Panel Convenor
Mr A Hackney
Mr M Quigg
In Attendance: [withheld] - Case Manager
DECISION OF THE BOARD
- Hori Irimana Tenaku Winiata Kemp Gemmell, 27, appeared for the further consideration of parole or for the setting of his conditions. He is serving a sentence of three years four months’ imprisonment for convictions including unlawfully taking a motor vehicle, unlawful possession of a pistol, operating a motor vehicle recklessly, and assault. The assault related to a conviction for violence in prison.
- Mr Gemmell has a RoC*Rol of 0.69026, he is on a high prison security classification, and he has a statutory release date of 15 December 2022. Mr Gemmell filed a waiver for his last Board on 14 June 2022. He was essentially untreated for serious offending and there was no release proposal.
- Today Mr Gemmell told the Board that he has begun working with a psychologist. He said he has been working on a safety plan which he understands has been completed. The work with a psychologist will continue into the community. [withheld]. He told the Board that counselling has been ongoing for around 18 months. We were told in the report that Mr Gemmell declined a transfer to Invercargill to do the one-to-one violence prevention programme.
- Mr Gemmell was realistic today. He does not have an approved release proposal. He knows he will be released at his statutory release date. His Case Manager is working to develop a release proposal for him. There was a meeting involving Oranga Tamariki on Friday. Mr Gemmell could not connect to that meeting because the AVL was booked. The release proposal is either, a release to [withheld].
- Mr Gemmell spoke with respect to the Board. He said that the proposed special conditions appeared appropriate to him. [withheld]. He said that is something that he will investigate in the community. One option is for him to have [withheld].
- The PCO said that Mr Gemmell's behaviour is up-and-down in the unit. There have been several misconducts. Mr Gemmell accepted that his behaviour is good and bad and part of that is because he is nervous about being released.
- For today risk is undue and parole is declined. Mr Gemmell will be released on his statutory release date. He will be released on the standard conditions and on the special conditions set out below. We are not able to impose a curfew. The Case Manager understood that.
- We strongly support there being a multidisciplinary reintegration meeting before Mr Gemmell is released. It seems that there are several matters which he will require assistance with when he is released into the community. All of those involved in his ongoing support, including Oranga Tamariki, his psychologist, a representative from Community Mental Health and his Probation Officer should attend that meeting.
- All conditions remain in place for six months following Mr Gemmell’s statutory release date.
- The special conditions are:
(1) 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.
(2) Not to enter locations known to be gang pads, as defined by a Probation Officer in writing, unless you have the prior written approval of a Probation Officer.
(3) To attend an alcohol and drug assessment, and attend, participate in, and complete, any treatment or counselling directed by a Probation Officer.
(4) To attend an assessment for a departmental programme or maintenance group, and attend, participate in, and adhere to the rules of, the programme or maintenance group as directed by a Probation Officer.
(5) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.
(6) Not to have contact or otherwise associate, with any victim of your offending, (including previous offending) directly or indirectly, unless you have the prior written approval of a Probation Officer.
(7) Not to communicate or associate, directly or indirectly, with any person known to you to associate with the Mongrel Mob and Hell's Angels MC unless you have the prior written approval of a Probation Officer.
(8) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.
(9) Subject to section 15(5) of the Parole Act 2002, to take any medication prescribed by a health professional in accordance with any directions given by the health professional.
(10) To attend appointments with a mental health provider as directed by a Probation Officer.
(11) To attend a reintegration meeting as directed by a Probation Officer.
Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.
Ms K Snook