KEY POINTS:
A convicted burglar has lost his appeal to be released on parole to Samoa, although he is already out of prison.
Ioana Va'alele was sentenced to six years' jail in November 2004, for burglary and assault with intent to rape.
Va'alele, a Samoan citizen, was in New Zealand illegally. He was to be removed from New Zealand upon his release from jail.
He became eligible for parole in August last year, but it was declined on the basis that he posed an undue risk to the community, which the judge said included the community in Samoa and New Zealand.
Va'alele's application for a judicial review of the decision was refused by Justice Graham Panckhurst.
He lodged an appeal against the decision.
The Court of Appeal said it would consider his appeal, despite the fact he had since been given parole on November 14 this year, because of its potential impact on other prisoners.
Va'alele said when the parole board considered the safety of the community in relation to a prisoner's release it should be the New Zealand community only.
He accepted this would mean offenders who will not remain in New Zealand would be given parole at the first available date.
Otherwise, he said, they may never be given parole as they will not have access to rehabilitation programmes or supervision.
The Court of Appeal said the term community referred to the New Zealand community and the community the prisoner would be released into.
Va'alele's appeal was dismissed.
The court noted that treatment programmes should be provided to all prisoners, whether they were to be deported or not.
- NZPA
