KEY POINTS:
A repeat rapist serving an open-ended sentence has failed in his bid to be released on parole.
Michael Carroll was sentenced to preventive detention in March 1988 for his third rape.
When he was released from prison in February 2003 to live in Pukerua Bay, north of Wellington, the public protested.
He was then moved to a Christchurch live-in treatment centre where he breached the conditions of his release.
He was recalled to prison in August 2003, where he remains nearly 21 years after being sentenced, The Dominion Post reported.
During his brief release, the police officer in charge of the investigation that led to the preventive detention sentence wrote to the Parole Board about the risk Carroll posed to public safety.
The board chairman then met a senior Corrections Department manager to see if Carroll should be recalled.
Carroll lodged a complaint about this meeting, among other claims, with the High Court.
Justice Alan MacKenzie, however, dismissed the case for his release.
Carroll's lawyer argued that the meeting had been improper but Justice MacKenzie said the board was right to monitor the consequences of its decisions and act if it appeared the continued freedom of an offender should be reviewed.
The judge said, however, the circumstances surrounding Carroll's release from jail and recall were unfortunate, and urged Corrections to make a special effort to have his risk of reoffending properly assessed.
- NZPA
