KEY POINTS:
Bailey Kurariki, New Zealand's youngest convicted killer, has made good progress in the community since his release from prison in May and will remain a free man, the Parole Board has ruled.
It has, however, strengthened the terms of his parole after a breach in July which saw him briefly recalled to prison.
Kurariki was put back behind bars for using cannabis but the High Court ruled he was being unlawfully held and he was freed after a week.
Justice Harrison said the order for an interim recall to jail was based on suspicion and hearsay, which was not enough.
A later drug test proved Kurariki had used cannabis, but Justice Harrison said there was no evidence to suggest he posed an undue risk to the community.
The Parole Board met on August 11 to determine if it would pursue the option of a permanent recall to prison for Kurariki, who was due for release anyway on September 16, at the completion of his seven-year sentence for the manslaughter of pizza delivery man Michael Choy in 2002.
In findings released today, the panel of three said they had decided not recall Kurariki, citing the progress he had made in the months since his release.
The Parole Board said Kurariki was always going to face "tremendous hurdles" after his release from prison but had complied with all but one of his parole conditions.
"His response has been positive," the panel said.
"To expect that with the background detailed in his file he would get through parole with a perfect response would be unrealistic."
Recalling Kurariki to prison now would nullify the progress he had made and be of no benefit to the community, the panel said.
Kurariki was being closely monitored by his probation officer, with senior management oversight, their report said.
There was also the possibility of employment for Kurariki, which depended on the outcome of the recall hearing.
The Parole Board tightened up the wording of Kurariki's parole conditions relating to where he can live, and also ordered him to undertake any assessment, counselling, or treatment for drug and alcohol issues as decided by his probation officer.
- NZPA
