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DALLY - Paul Joseph - 03/09/07

Parole hearing

Application for Parole

Under Section 21(1) of the Parole Act 2007

Paul Joseph DALLY

 

Hearing: 3 September 2007 at (Withheld) Prison
Members of the Board:
Judge DJ Carruthers- Panel Convenor
Judge B Lovegrove
Judge B Kendall
Mrs J Jackson
Mrs J Donaldson
Mr J Thomson

DECISION OF THE BOARD

 

Mr Dally is in prison for life following an infamous murder in New Zealand in 1989. He has been in prison now for some eighteen years. The victims family, whose outrage and despair from these cruel acts continues are no longer taking an active part.  They have written now saying their position will remain unchanged. We take that into account.

Last time Mr Dally was seen was in 2004. A postponement order was made as it did not seem likely that he was going to make any significant change.

Today the position is not much advanced. He has had some eighty eight sessions with a psychologist over about three years. They seem to have continued. The psychological report we have shows him to be at medium/high risk of reoffending in this way. There is no proposal before us. He tells us he is not looking for release today. He is hoping for a transfer to another prison where there might be some greater challenge to his learning and comfort.

We are not sure what is meant by that. He is in segregation and not much can be done to advance his position while he remains in that category. The answers seemed to us to be in his hands. We do not feel that we have sufficient information or direction to make any strong recommendations about the future for him. Nothing much has changed and his risk remains unduly high in our view of something else terrible happening if he were released.

We are going to consider a postponement order when next we see him. Parole will be declined for him today. We do not see it as our job to track the future for him. We are giving him notice that next time he is seen in accordance with the statutory cycle the Board may consider a postponement order. He is given advice under Section 27 of the Act because he must have the opportunity to make written submissions and can appear at the hearing, either himself or through counsel to make oral submissions.

That is for the future. For now parole is declined.

One last thing to be said which is perhaps slightly more constructive. He was asked about how he would feel today if his victims were present. He says that he would like to say how truly sorry he was for what he had done and he is doing the best that he can now to change himself for the future. We record that for what it is worth.

_________________________

Panel Convenor
New Zealand Parole Board


Review

  • You may apply for a review of the Board???s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:
  1. Failed to comply with procedures in the Parole Act 2002; or
  2. Made an error of law; or
  3. Failed to comply with Board policy resulting in unfairness to the offender; or
  4. Based its decision on erroneous or irrelevant information that was material to the decision reached; or
  5. Acted without jurisdiction.
  • To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
  • Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.