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The Corrections Department has admitted police asked it to recall Graeme Burton to prison five weeks before his alleged shooting rampage but says it was powerless to act.
The Dominion Post today reported senior detectives told Burton's probation officer on November 30 about his activities and told her he was not living where he was supposed to be.
Police wanted Burton recalled to prison but the probation officer said she could not act unless he was charged or the police provided affidavits.
Burton, 35, allegedly went on to kill Wainuiomata father-of-two Karl Kuchenbecker during a rampage in the Lower Hutt hills on January 6, during which he also allegedly wounded four mountain bikers.
Police shot him in the leg, which was later amputated.
He will appear in court next week on 23 charges, including murder, attempted murder of two others, aggravated robbery and kidnapping.
Corrections Department probation and offender services general manager Katrina Casey confirmed police talked to Burton's probation officer and asked what his parole conditions were.
"The police did provide a service manager with information about some concerns about his activities," she said.
"The probation officer correctly told police that in order for the department to go to court with a breach of parole charge, or go to the New Zealand Parole Board with an application to recall, we had to either be able to rely on charges laid by police or alternatively have affidavits from the police themselves in support of the application."
The police said they could not provide affidavits, nor did they have enough evidence to lay charges.
"The probation officer's actions were appropriate - no action could be taken on the basis that there were no charges from police to rely on and, although the police had forwarded information, they were not in a position to swear/affirm affidavits in support of that information."
Burton failed to report to his probation officer on December 5, instead reporting in by phone. He was sent a written warning for missing that meeting.
The Dominion Post reported that he missed two more appointments, on December 12 and 19, before an arrest warrant was issued December 22.
Burton was by then on the run.
The Corrections Department has previously said its management of Burton's parole was "swift", "timely" and "appropriate".
But National Party justice and corrections spokesman Simon Power today said the Probation Service's disregard for the concerns of police amounted to "utter negligence".
"So we now know that at the time when he failed to show for that meeting, the service was already armed with information from the police about Burton's activities," Mr Power said.
"Despite this, and knowing that the police wanted his parole revoked, the service took no action for another 14 days. By then, he'd gone to ground."
Mr Power said someone at the Probation Service needed to be held accountable and Corrections Minister Damien O'Connor needed to front up and explain the situation.
- NZPA
