KEY POINTS:
The mother of murdered pizza delivery man Michael Choy says she's frustrated at the justice system's failure to keep her son's killer behind bars despite him breaching parole.
Bailey Junior Kurariki, 19, was granted parole in May after serving more than six years for his involvement in the killing of Mr Choy.
He was recalled to prison late last month for allegedly breaching a condition which banned him from using or possessing alcohol or illicit drugs.
But the recall was overruled last week by High Court judge Justice Rhys Harrison who said Kurariki was being unlawfully held in Auckland's Mt Eden Prison.
At a hearing yesterday the Parole Board declined to recall Kurariki to jail, saying that he would remain on parole until his sentence expired next month.
A Parole Board spokesman said the full reasons for the board's decision would not be available for at least a week.
Mr Choy's mother, Rita Croskery, said yesterday the justice system had again failed her.
"I'm so angry," she told The Dominion Post. "What sort of justice system is this when someone can clearly breach parole and not get sent back to prison?
"It's got to be toughened up. These people have got to pay for what they've done."
Kurariki was 13 when he was jailed for seven years in 2001 for the manslaughter of Auckland pizza delivery driver Michael Choy.
At that stage he became New Zealand's youngest convicted killer.
Kurariki was released from prison under strict parole conditions in May, four months before his seven-year sentence was due to end.
- NZPA