KEY POINTS:
A man convicted of a revenge murder 20 years ago has been recalled from parole - even though he has not been convicted of a further offence.
Moetahi (Moses) Hama Shortland served 13 years of a life sentence for the murder of Sean Henry Douglas Hilton in Hastings in 1988.
In June, he was arrested on two charges of assaulting a female and six of assault with a weapon.
Despite being granted bail, Shortland, who vigorously denies the charges, was recalled from parole to continue serving his sentence.
In a recent decision from the High Court at Auckland, Justice Raynor Asher upheld the Parole Board decision.
If acquitted, Shortland would be able to reapply for parole.
Shortland's lawyer Owen Harold said the grounds of appeal were that the Parole Board failed to apply the presumption of innocence, the decision by the district court granting bail should have persuaded the board not to order Shortland's recall, the Crown produced hearsay evidence, and the evidence did not justify the conclusion that offences had been committed or that Shortland was an undue risk to the public.
Justice Asher noted that considerations that applied in Parole Board hearings were different from ordinary criminal proceedings.
He said that under the Parole Act, the board could receive whatever information it thought fit, whether or not the information would be admissible in a court of law.
The judge said he was satisfied that there was enough evidence before the board to warrant Shortland's recall.
It rightly did not apply the presumption of innocence or consider itself bound by the district court bail terms.
The board's decision that Shortland should be recalled, and the recall reviewed after the court charges were determined, was fully open to it on the available material, the judge said.
