Jamie Anthony FOSTER 23/3/20222

Parole Hearing

Under section 21(2) of the Parole Act 2002

Jamie Anthony FOSTER

Hearing: 23 March 2022

at Tongariro Prison via Microsoft Teams

Members of the Board:

Ms M More – Panel Convenor

Dr G Coyle

Mr L Tawera

Counsel:                                            Ms S Thode

In Attendance:                                  [withheld] - Case Manager

Support Persons:                             [withheld]

DECISION OF THE BOARD

  1. Jamie Anthony Foster is 31, he makes his first appearance before the Board on a sentence of six years for sexual violation by rape and indecent assault.  The victim was a colleague, they were police officers and socialising with others.  Mr Foster indecently assaulted the victim, and after everyone disbursed to their motel units Mr Foster went into her unit and raped her as she slept.  Mr Foster does not have any offending history.
  2. This was a high-profile case, the offending took place within the context of police involvement at Waitangi weekend.
  3. Mr Foster has a ROC*ROI of .16425, his parole eligibility date is 19 March 2022, his statutory release date is 17 March 2026, he has four years remaining on his sentence.
  4. Mr Foster's classification is minimum, he is on the Victim Notification Register.  The Parole Assessment Report says that he is compliant and poses little bother.  The PAR said his risk is considered low, and notes that his rehabilitation has been independent psychological treatment.
  5. Mr Foster is represented by Counsel Ms Thode who helpfully filed comprehensive submissions in advance of the hearing and spoke to her submissions.  Ms Thode said Mr Foster has always denied the offending, and she referred to an independent psychological assessment of risk that said Mr Foster is below average risk of sexual re-offending.  Counsel referred to reports from three psychologists available to the Board, all of which said that he was low risk of re-offending and no further treatment was recommended.
  6. Mr Foster has been undertaking individual counselling, that counsellor said that he has made sound and useful gains in therapy.
  7. The Departmental psychologist’s report dated 8 February 2022 said he has made positive progress with his private psychologist, he understands his high-risk situations and is developing a safety plan.  That report said Mr Foster is below average risk of sexual re-offending, no further treatment is recommended, and noted the high level of support he has from [withheld].
  8. Mr Foster told us that he intends to continue to engage with the private psychologist whether or not he is released.  He referred to the support he has from [withheld].
  9. Mr Foster was referred to a submission from the victim, his lawyer commented that the victim was not likely to be aware of the progress Mr Foster has made in prison, and the support that he has.  His lawyer noted the victim's concerns, but submitted that in terms of risk assessment the Parole Board could be satisfied Mr Foster is not an undue risk of re-offending.
  10. Mr Foster said that while he loves and respects [withheld], in regards to comments that she had made negative comments online, he will ask his family to support him to keep a very low profile.
  11. Mr Foster has undertaken to continue with the private psychologist, there is no further rehabilitation available for him in a custodial setting due to his low risk, and three psychologists have noted his risk is low.
  12. The Board considers that with the special conditions proposed any undue risk Mr Foster poses can be met, as such his risk is not undue and he will be released on parole.
  13. We are adopting the conditions proposed, and we are adding in a condition that Mr Foster is not possess or consume alcohol or other substances.
  14. Given the length of parole, and Mr Foster's undertaking to continue working with his private psychologist, we are going to see him again in six months.  At that hearing, Mr Foster can raise the issue of the electronically monitored partial residential restrictions, the Board may choose to change that.   We also ask him to confirm that he has continued with his undertaking to engage with his private psychologist, to the satisfaction of that psychologist.
  15. The electronic monitoring of the whereabouts condition will continue for three years from release only. The whereabouts condition will continue until Mr Foster's sentence expiry date.
  16. Other standard and special conditions will continue until three years after Mr Foster is released.
  17. Mr Foster will be released on 13 April, the special conditions are:

(1) 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.

(2) Upon release from prison, to travel directly to [withheld], Whangaparaoa, and await the arrival of a Probation Officer and a representative from the monitoring company.

(3) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 10pm and 6am daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

(4) To reside at [withheld] or any other 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) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

(6) To attend and complete such counselling programme treatment to address identified offending behaviour as may be directed by the Probation Officer.

(7) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

(8) 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.

(9) 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.

(10) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing, 6 months from release.

(11) For three years only from release to submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(12) Until your sentence expiry date not to travel north of Puhoi as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(13) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”

Ms M More

Panel Convenor