Sick prisoner released so he can die at home

Henry Matafeo

Prisoner Henry Matafeo wanted to be the first person to tell his mother Anne that he would be coming home to die.

Yesterday afternoon, after three months of fighting for a compassionate release, the 23-year-old finally got to make that call.

"He rang me crying," said Mrs Matafeo. "He just said 'mum, you've won, you've won. I'm a free man. I'm allowed to come home on Wednesday'."

As the news of Matafeo's early release sank in, so too did the realisation of what that meant.

"Even though we get him home we know that we will lose him," said Mrs Matafeo. "The only thing that keeps me strong is knowing that he will die surrounded by whanau."

Matafeo, who is 10 months into a five-year sentence for a violent, aggravated robbery, has been granted an early release from prison because he has terminal cancer. He has between three and six months to live and those months are not expected to be comfortable.

"Mr Matafeo's future will be dominated by the prospect of certain, imminent death in terrible pain," said the Parole Board in its decision. "He faces nothing better than purgatory on earth before his eventual demise."

Board chairman Judge David Carruthers said Matafeo could have been put under electronic surveillance at a private hospital but that would have required 24-hour supervision, considerable costs and difficulties managing his needs.

"In this case it is clear beyond doubt that Mr Matafeo now provides no danger whatsoever to the community or to any person in it."

Added to that was that Matafeo's victim - a service station attendant who was beaten unconscious - supported an early release.

"In the circumstances of this appalling offending that is a very generous response," said Judge Carruthers.

Mrs Matafeo said she was stunned by yesterday's decision, despite fighting for it for so long.

"To be honest, it wasn't what I was expecting. My head is up in the clouds, I can't even think straight."

Others, such as United Future MP Marc Alexander, who opposed a compassionate release, were disappointed at the decision.

"I feel sorry for the guy but at what point do you draw the line? No personal circumstances were considered when these people committed offences," said Mr Alexander. "I understand the guy is sick but if he is good enough to go home then he is good enough to be in a hospital bed."

Sensible Sentencing Trust Garth McVicar said the important thing was the victim's views and ensuring the illness was bone fide.

With those two conditions considered, he had no problems with Matafeo dying at home, although he hoped it would not set a precedent.

The Parole Board said this was an exceptional case and it was difficult to see how compassion could not apply.

It is believed to be the first time a prisoner has been granted compassionate leave while having more than six weeks to live.

In a statement Matafeo said he wished to thank everyone who had supported him and his family.

"You have no idea how much this means to me, all I hope [is] that this never happens to another inmate."

Matafeo will be released to his mother's Papakura address on strict conditions.