Matthew Garland KELLY 03/04/2025

There is an order prohibiting publication of the name, address and occupation or identifying particulars of the offender and/or victim.

Parole Hearing

Under section 21(2) of the Parole Act 2002

Matthew Garland KELLY

Hearing: 3 April 2025

at Otago Corrections Facility

Members of the Board:

Ms M Coleman – Panel Convenor

Mr P Elenio

Mr C King

Media: Mr J Wilkinson – NZ Herald

Mr R Kidd – Otago Daily Times

In Attendance: [withheld]- Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

  1. Matthew Garland Kelly, who is 31 appeared before the Board today on a 12-year six‑month cumulative sentence for unlawful sexual connection with a boy under the age of 12, rape of a girl between 12 and 16, knowing, making or copying child sex exploitation material and other similar offending.
  2. Mr Kelly’s statutory release date is 21 December 2028.
  3. Mr Kelly was last before the Board in October 2024. At that point he was facing an application for his recall to prison.  The Board in its decision noted that Mr Kelly had been released to [withheld] in May 2024.  It also noted that the application referred to a disclosure by Mr Kelly of historic sexual offending that he had not been convicted of, [withheld].  Mr Kelly was said to have disclosed that he would like to track the victim down to see if they were still attracted to each other.  No recall application was made initially on that disclosure, but he was referred for further sessions with a psychologist.
  4. Mr Kelly then made contact with [an] ex-partner via computer.  There were a number of emails sent between them.  He discussed two other victims with her and made references to nappies [withheld].  A search was later conducted, and music videos of children dancing were discovered.  A recall order was made at that juncture.
  5. After the recall application was made, a photo of a baby girl sent to him by a sex offender at OCF was also found in his possession.  Monitoring of his phone calls with his [withheld] led to significant concerns about collusion.
  6. The Board noted that Mr Kelly was not able to return to [withheld] even if the Board was minded re-releasing him there.   It considered that he needed a significant amount of additional treatment before that could be contemplated.  The Board made the final recall order and an updating psychological report was requested for this hearing.
  7. That report assesses Mr Kelly as posing a well above-average risk of further sexual re‑offending.  It notes that the recent disclosure about sexual offending he has not been charged for does not represent a new offending pathway.  However, following a re‑evaluation of his risk the psychologist said that he presents with a significant profile of unmet needs and should be re-assessed for his attendance again at the High Intensity Programme for Child Sex Offenders.
  8. Mr Kelly spoke to the Board today about the psychological report.  He acknowledged the recommendations in the report and agreed that it was appropriate for him to re-do the programme.  Realistically he said that he was looking at a 12-to-18-month stand-down to enable him to get back to Christchurch and undertake the programme again.
  9. Mr Kelly also said that he had struggled after disclosing [withheld] and had not utilised his supports, [withheld] and was hiding the difficulties he was facing from others.  In part this was because he didn’t want to let them down.  Mr Kelly said that [withheld] he resorted to using negative and deviant thinking to combat his emotions.  He said that in essence he threw out everything that he had learnt in the programme.
  10. Mr Kelly further told the Board today that on his recall back to prison that he had a “what the hell,” attitude but that now he is focused on getting back to where he was.  He said that he needs to do more work on trusting people so that he will utilise his supports in the future.
  11. The PCO gave him a positive report.  He is described as compliant and polite and engages and mixes well with others.
  12. [withheld - a supporter], speaking for herself and [withheld], said that he still has their total support.  [withheld].  She said that they will be supportive of whatever decision the Board makes about Mr Kelly. [withheld – the supporter] further said that she had not realised that he was in such a dark spot.
  13. Parole today is declined.  Mr Kelly has further work to do and he understands that.
  14. Mr Kelly will be seen again in 18 months’ time, that is in October 2026 where further consideration can be given to parole.

Ms M Coleman

Panel Convenor