KEY POINTS:
Parole hearing under Section 21(1) of the Parole Act 2002
Bailey Junior KURARIKI
Hearing: 11 July 2007
At (Withheld) Prison
Members of the Board: Judge J Rota - Panel Convenor, Mrs J Jackson, Ms L Nathan
Counsel: (Withheld) for Prisoner
DECISION OF THE BOARD
Bailey Junior Kurariki attends today with his mother, his father and his sister. He is represented by counsel. All support the view that Mr Kurariki be released on parole.
Counsel submitted that reports clearly show that since last seen Mr Kurariki has made steady progress towards release. He is now in the Maori Focus Unit and settled. That environment is much more beneficial to his progress both in the kind of inmate he is associating with and the instruction given there.
Counsel refers to the Reintegration Plan now prepared by the Department. As part of that Reintegration Plan, (Name Withheld) has been engaged as Mr Kurariki's mentor. (Name Withheld) makes weekly contact with Mr Kurariki, their relationship is developing, and it is having a marked positive influence on Mr Kurariki. Counsel refers to (Name Withheld)'s report on progress with and by Mr Kurariki.
We are reminded of the firmness of his family support. We are assured that that support will be there for Mr Kurariki on his release.
Counsel submits that as part of the Reintegration Plan and as part of the effective outcomes sought to be achieved by it, Mr Kurariki ought to be transferred to a Prison in or near (Location Withheld). The (Location Withheld) Prison has been suggested because of its (Name Withheld) Focus Unit. The transfer is necessary to engage a mentor for Mr Kurariki in (Location Withheld), one who can continue on with him in the community into which he will be released. It is also felt that any work releases and community-based benefits to be derived by Mr Kurariki should be derived from and in that community.
Counsel says she has spoken to Mr Kurariki and he, in her view, now has a greater understanding of what Parole and its oversight will mean for him. She confirms her instructions about his willingness to comply with any parole conditions set.
Mr Kurariki for his part says he will keep his parole conditions. He has enjoyed his association with (Name Withheld). He has changed for the better and is saying these things not simply to achieve parole, but for his life. He looks forward to the Church people with whom he has become associated helping him on his release. He confirms a job is available with (Name Withheld). He intends to spend time with his family before going to work. He submits that he has no interest in re-establishing contact with his co-offenders.
Mr Kurariki's family are anxious for his return home. They confirm their support and job prospects.
Maori Focus Unit staff say Mr Kurariki is making positive progress and that he interacts positively with other prisoners. There has been one minor misconduct that has been dealt with.
We wish to record that the Board met with the victims. They express the view that Mr Kurariki should remain in prison for as long as possible to practise good behaviour and to learn as much by instruction as he can.
The Board has considered all it has heard. We have considered the documents on the file including the Reintegration Plan now filed by the Department. We have referred to the decision of this Board of January 2007. We acknowledge that some progress may have been made since by Bailey Kurariki to better his behaviour and increase his understanding of his offending needs. We are not satisfied however that Mr Kurariki's level of presenting risk in all respects as it obtained in January 2007 has so changed as to justify release. We consider that if he were released now there is more than a likelihood of further offending, the nature and seriousness of which would pose an undue risk or disproportioned risk to the safety of the community. He has recently been psychologically assessed as being at very high risk of general and violent re-offending. It is said by the Psychologist also that that risk level will remain until Mr Kurariki has demonstrated behaviour across settings and over time that warrants a reduction in that risk rating. His Roc Roi assessment is very high. His reported behaviours and recent target-specific aggression against Authority in prison is consistent with the psychological assessment. Mr Kurariki is, however, capable of good behaviour. Further, the risks identified are not, in our view, sufficiently mitigated by the level of personal and environmental support currently available to Mr Kurariki, or by its low protective potential. Parole is accordingly refused.
The need is now clear, however, in the Public interest, for strong focus on reintegration of Mr Kurariki into society. This hearing was in fact set primarily to consider progress in the production of and working of plans to effect his safe ultimate release. We acknowledge the work done to date by Community Probation and Corrections, their comprehensive Reintegration Plan and efforts made in respect of it. We note that plan includes essential pre-release remedial work. We consider it appropriate therefore that Mr Kurariki remain in the prison to gain the maximum from that plan.
Mr Kurariki by statute must be seen again for parole in January 2008. In the meantime, for the reasons submitted above, this Board sees and supports a transfer of Mr Kurariki to a prison close to (Location Withheld) as necessary to achieve some of the fundamental aims of the reintegration plan.
Judge J Rota
Panel Convenor