New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Pasilika NAUFAHU

Hearing: 12 September 2022

at Auckland Prison by MS Teams

Members of the Board:

Sir Ron Young – Chairperson

Ms M Dodd

Ms T Sharkey

Counsel: Mr R Mansfield QC

In Attendance: [withheld] – Case Manager

Support Persons: [withheld] – Wife

DECISION OF THE BOARD

1. Mr Naufahu is 35 years of age and was sentenced to nine years three months’ imprisonment for money laundering, being part of a criminal gang, conspiracy to supply class B drugs, unlawful possession of a firearm, and common assault.
2. He has a final release date of July 2028.  He has one conviction in New Zealand but a number of convictions in Australia including convictions for violence.
3. When we last saw him in May 2022, the Board noted that Mr Naufahu was president of the Comancheros gang in New Zealand.  His convictions show, he had taken a lead role in drugs and money laundering from drugs sales.
4. The Board requested a psychological report to assess the way forward.  They considered that the MIRP programme, as recommended would be unlikely to be sufficient to meet his risk.
5. We now have a psychological report.  Mr Naufahu continues to deny the drug dealing aspect of his convictions.  The psychologist noted that Mr Naufahu had a high level of involvement in the Comancheros gang in Australia, together with his brother.  He had a history of drug and alcohol abuse when younger.  He apparently has a good relationship with his wife and children, although it is suggested that she did not want to know about his involvement in criminal offending. [withheld] His lifestyle involved significant purchases of cars and houses. He was running a very sophisticated drug dealing operation.
6. The psychologist said he had a pattern of careful and limited disclosure of his personal circumstances.  The common assault conviction was an assault in the prison [withheld].
7. The psychologist agreed that the MIRP was not sufficient risk-based rehabilitation and considered that the STU‑VO programme would adequately meet Mr Naufahu’s rehabilitative needs. Of significance is that Mr Naufahu’s PCL assessment indicated that he had a high risk of re-offending.
8. He confirmed today, to us, that he would continue to be involved in the gang, although he would obey any orders made by the Parole Board he said.  He reiterated that he was a family man and that he put his family first.  We pointed out that appeared to conflict with the fact of his significant involvement in money laundering and conspiracy to supply drugs while he had the responsibility of young children.
9. Today he sought parole.  He said that he had done everything he possibly could in prison to show he was a responsible citizen.  He was on a minimum security classification.  He felt that he had been treated seriously unfairly and that he would not be transferred to any other prison to complete the STU-VO.  He did not think in any event that programme would be helpful for him because he did not consider he was a violent person and so that would be essentially a waste of time for him.  He reiterated, as did his counsel, that he could be released today.  He had a comprehensive safety plan that he had prepared without help from Corrections.
10. We are satisfied that he remains an undue risk and cannot be released.  We are satisfied that [withheld] report identifies the very issues of significance for Mr Naufahu.  We are satisfied he is at high risk of re-offending given his past, given his personality, and given his involvement in the Comancheros gang. And we are satisfied that the STU-VO is as recommended the appropriate risk-based treatment for him.
11. Whatever views he may have of his family, and we appreciate that he does have a loving family, the idea of him as a supportive father and husband is completely inconsistent with his desire to continue on in the Comancheros gang and the prospect of further offending if released.
12. So, it will be a matter for Mr Naufahu as to whether or not he wants to do the STU-VO but, as we have said to him, given he is currently at high risk of re-offending and without any further rehabilitative programmes it is difficult to see the way out of prison for him before his sentence end date.
13. And so, we hope he is able to do the STU-VO with an open mind.  We can see no reason why he cannot transfer prisons to undertake that programme and we hope that can happen as soon as reasonably possible.  We will see him again, therefore, by the end of December 2023 with the hope he has completed that programme and we can assess his risk and his reintegration.