Dying robber's family pleads for mercy

The family of a cancer patient jailed for aggravated robbery fear he might die in custody if an appeal for compassionate release is not heard soon.

Henry Matafeo, 23, was diagnosed in April and told in June that he had no more than nine months to live.

Radiotherapy on a tumour in his leg has been unsuccessful.

He is being cared for under guard at Auckland City Hospital.

His family are lobbying for an early release so he can spend his final months at home.

Matafeo was sentenced last year to five years' jail for a robbery he committed with his brother.

Family friend Richard Ghent said it was inhumane to have a person in a controlled and isolated environment while facing death. He called for a decision to be made urgently on Matafeo's case.

"It is unacceptable for the wheels of justice to turn slowly when there is no time left," said Mr Ghent. "Do the crime, do the time is not an issue here. What is at issue is making the punishment fit the crime."

He said guarding Matafeo was an unnecessary cost to the taxpayer.

Matafeo was confined to a wheelchair and "too weak to be any threat to the community".

Mr Ghent said Matafeo had told him that he wanted to be with his family.

"I don't see a future for myself," he had said. "I just take each day as it comes ... because I don't know if I am going to wake up the next day."

His mother, Anne, said her family were united in the desire to have Matafeo home in his final months.

"My goal is to have my son back at home so that I can look after him and we can complete this journey together," she said.

Ms Matafeo wrote to Prime Minister Helen Clark on May 13 about her son's situation. Helen Clark's office replied on May 18 saying the matter was being referred to Corrections Minister Paul Swain.

Three weeks later, Mr Swain replied saying a case for compassionate release was being prepared, but that he had no role in the process.

Public Prisons Service acting general manager Harry Hawthorn said that an application for compassionate release was being assessed. A recommendation would be forwarded to the Parole Board, which would have the final say.

Sensible Sentencing Trust spokesman Garth McVicar said he was not against Matafeo being released on compassionate grounds, "providing all the medical checks have been done and it's bona fide".

If Matafeo is granted compassionate release his victims and police would be notified and he could be subject to certain conditions.