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A High Court judge has reserved his decision at the end of a two-day judicial review in Wellington of the Parole Board's decision to release convicted pack rapist Peter McNamara on parole.
McNamara was jailed for seven years on August 5, 2005 for his part in the 1989 rape of the victim, known as Ms A, after a jury found him guilty of her rape and abduction.
After being declined parole three times in 2007, McNamara was released on parole on January 22.
Ms A applied for a judicial review on McNamara's release, asking for the decision to be quashed and reconsidered.
David Jones QC, appearing for McNamara, said the decision to release him had been made by a "very experienced (Parole Board) panel with a very experienced chief".
He asked that McNamara not be sent back to jail if the decision was quashed as the Parole Board may make the same decision again.
Speaking for the board, Austin Powell said it would not defend the decision but was happy to help the court in any way.
The risk to the safety of the community posed by an offender's release was the "decisive consideration" when deciding on parole, he said.
Nikki Pender, representing Ms A, said the justice system must meet the needs of victims which "was not necessarily the case under other regimes".
Justice Simon France said the judicial review must look at what was meant by the legislation, not what various parties wanted from a parole system.
"By virtue of the legislation McNamara was parole eligible, therefore the penal part of the sentence was completed.
"You're saying that the group to whom the message is being sent diminishes confidence in the system even though it's an anomaly," he said.
"If the test is reoffending, you can't change the test because the victim wants to talk about something else."
Justice France reserved his decision.
- NZPA
