Joanne McCarthy was murdered in front of her child by Travis Burns. Photo / supplied
Joanne McCarthy was murdered in front of her child by Travis Burns. Photo / supplied
The man who murdered Whangaparaoa kindergarten teacher Joanne McCarthy - punching, kicking and hitting her with a hammer as her children watched - has been refused parole.
Travis Burns savagely murdered McCarthy in 1998.
Her 10-month-old son and a friend's toddler, whom she was babysitting, were so close to the attack they were spattered with blood.
No motive was found for the killing but Burns was alleged to have taken $29 from the house.
Burns denied any involvement in the killing - despite his DNA being found under her fingernails - but a jury found him guilty of the brutal crime.
"When last seen by the Parole Board in February 2019 it was noted that despite no further rehabilitation programmes being required he nevertheless continued to minimise a number of significant issues relating to his offending," said panel convenor Judge Charles Blackie.
"The board also noted that from the point of view of reintegration he needed to proceed with Release to Work, to secure accommodation and some form of permanent employment.
"Considerable care would be needed in managing the reintegration process."
Judge Blackie said the latest parole assessment report stated Burns had a poor response to parole in the past - and he had been recalled to prison twice.
He had a "continuing" high risk of reoffending.
"Similar comments were contained in the Psychological Report dated 7 July 2020," said Judge Blackie.
"The psychologist's recommendation was that he continue his reintegration pathway, maintain his support network and seek employment."
Burns' lawyer sought "immediate release" saying accommodation had been secured at a facility that could provide "sufficient wrap-around support".
Further, said the lawyer, since November 2019 Burns had secured employment via work to release with a local trailer manufacturer.
And, within the prison there were no issues regarding behaviour.
Judge Blackie said Burns was "questioned closely" by the board in relation to the same concerns that arose at the previous hearing regarding his failure to accept "the factual findings recorded by the sentencing judge".
"Even now he endeavoured to minimise what was found by the court to have occurred," he said in the decision.
"Mr Burns was also questioned by the board as to how he would deal with stressful situations within the community, bearing in mind that he had spent such a significant period in custody without any real exposure to the outside world."
Burns in court with his lawyer Barry Hart. He was jailed for life for murdering Joanne McCarthy. Photo / NZME
Burns has spent 33 of the last 36 years in prison.
"He gave one or two examples which demonstrated that in fact had some insight," said Judge Blackie.
"This board endorses the view expressed by the previous board that an extended period of testing was necessary within the community before Mr Burns could be considered for release.
"With this in mind he should consolidate his position by continuing along his current rehabilitation pathway through self care within the prison, the work to release programme on the outside."
Parole was refused but Judge Blackie said Burns should be seen again by the board in 10 months to review his situation.
"The board is of the view that his release plan and reintegration is firmly consolidated, he remains undue risk to the community and therefore parole for today."
