New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Timothy Joseph FOLEY

Hearing: 26 January 2024

at Invercargill Prison via MS Teams

Members of the Board:

Ms A Markham – Panel Convenor

Mr C Roberts

Ms A Spierling

Dr J Skipworth

Counsel: Ms S Vidal

In Attendance: [withheld] – Case Manager

DECISION OF THE BOARD

1. Timothy Foley, 63, made his first appearance for consideration of parole on a sentence of life imprisonment for the 2012 murder of his ex-partner, Ms Lawrence, whom he struck in the head multiple times with a metal bar.  He had been trespassed from her flat some days before and police were in attendance.
2. Mr Foley pleaded guilty but subsequently sought to vacate his guilty plea and to pursue an application with the Criminal Cases Review Commission.  The guilty plea was entered in the face of what the sentencing Judge described as a very strong Crown case.  Indeed, the Judge said there was no defence.
3. Mr Foley is untreated as his denial and the appeal process have impacted his rehabilitation.
4. Mr Foley has a seven-page criminal history comprising largely fraud/dishonesty offending, but also including a previous male assaults female and a breach of protection order with an associated burglary and firearms offences in the 1990s. [withheld].
5. The Board has a psychological report dated 7 December 2023.  Mr Foley is assessed as posing a moderate risk of general and violent reoffending.  The risk scenario relates to interpersonal violence and situations of anger, jealousy, and frustration.  It notes that Mr Foley has limited insight into his offending.
6. The psychologist notes he has minimised his account and that was also evident at the hearing today.  Mr Foley gave us a lengthy and highly detailed account that was essentially self‑serving and plainly untrue.  He said he struck the victim in the head twice with a garden ornament, the second time harder than the first, but neither blow caused her to lose consciousness, and both were in response to the victim assaulting and/or abusing him.    He claimed that between these blows with the ornament, he shared a cigarette with the victim who offered him sex.  He focused on the actions of a third party whom he inferred was responsible for the fatal assault.
7. The psychologist records that in prison his conduct has been mixed.  He has difficulty regulating emotions and has engaged in hunger strikes and self-harm at times.  There is a tendency to fabricate stories and to manipulate people.  Mr Foley has written a letter to the Board objecting to this characterisation.
8. Prior to the hearing, the Board met with members of the deceased’s family who remain significantly impacted by the loss of their loved one.  They are concerned that Mr Foley has not received any treatment and has demonstrated no remorse.  The family has asked for the whole of the South Island to be an exclusion zone, as well as the Wellington and Kapiti areas.
9. Mr Foley’s counsel today said he is willing to do the MIRP Programme, which was recommended by the psychologist and a transfer to Northland Region Corrections Facility is due imminently.  She said Mr Foley has been working on a safety plan but will benefit from the input of the programme.
10. Mr Foley said he is considering release in [withheld].  He described himself as remorseful but tended to deflect the discussion and present himself as a victim of circumstances and as someone who had sought help that was not forthcoming.
11. For today it is clear that without intensive treatment, risk is undue.  Parole is declined.  We will see Mr Foley again in February 2025.  It may be that following the MIRP, it is considered that further work needs to be done.