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The Corrections Department has withdrawn its moves to recall convicted pack rapist and former policeman Brad Shipton to prison for breaching his parole conditions, after he proved he was a victim of mistaken identity.
A member of the public had claimed to have seen Shipton having coffee at a Mount Maunganui cafe with Peter McNamara, a co-offender in the rape of a woman nearly 20 years ago. Shipton's parole bars him from communicating with his co-offenders.
Shipton denied the accusation, and his lawyer Bill Nabney said they had CCTV footage showing him entering a building in Auckland at the time he was `seen' in Mt Maunganui.
The Corrections Department said Shipton had provided three forms of evidence that conclusively showed he could not have been with McNamara at the time, so the process towards recalling him to prison had been stopped.
"This appears to have been a case of mistaken identity as one of the people having coffee (with McNamara) bears a strong resemblance to the images of Mr Shipton that have been shown in the media," community probation and psychological services Waikeria area manager Pauline Moran said.
"In light of the new evidence and in the absence of any other proof that a breach of parole conditions has occurred, aside from an unsubstantiated witness report, Corrections has withdrawn the current breach and recall action," she said.
"Mr Shipton's parole order will continue to be closely managed and if anyone comes forward with evidence that he has breached any of his parole conditions it will be considered and appropriate action will be taken."
Shipton was released from Wanganui prison last November after serving a third of his 8-1/2-year jail sentence for the pack rape of the woman at Mt Maunganui in 1989.
- NZPA
