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GARTHWAITE - Justin Ross - 17/03/2011

Postponement hearing
Under section 27(4) (b) of the Parole Act 2002

Justin Ross GARTHWAITE                  


Hearing:
17 March 2011
at (withheld) via video conference link to the New Zealand Parole Board Office in Wellington

Members of the Board:
Judge DJ Carruthers
Mr J Skipworth
Mr R Lewis
Mr J Thomson

Observer:

Mr A Hackney from Department of Corrections

Counsel:
(withheld)

DECISION OF THE BOARD


Justin Ross Garthwaite is to be considered today for a postponement order pursuant to section 27 of the Act.
He has already been considered for parole and that was declined on 1 December.  Notice was given to him of this hearing.  Today he is represented by (withheld).
(Withheld)’s instructions he describes as very realistic.  Mr Garthwaite who has been sentenced to life imprisonment for murder is waitlisted to attend the Adult Sex Offenders Treatment Programme.  He is to attend either at the end of this year or at the beginning of next year.  His plan after completing the programme is to then be released from prison through the good offices of the (withheld).  That is his plan.  He accepts that the plan has yet to be accepted by the Board and has also a long way to go.  Because of the likely nature of the time to be taken Mr Garthwaite through his counsel accepts that a two year postponement order would be appropriate.
Pursuant to section 27 of the Act we are able to make an postponement order if we are satisfied that in the absence of significant change an offender will not be suitable for release at the time when he or she is next due to be considered.
For the reasons set out above that is clearly the case.  Two years seems to us to be a sensible estimate of the time needed to do the things necessary as briefly outlined.
Accordingly, a postponement order will be made.  It will be for a period of just within two years of the last parole hearing on 1 December 2010.  He is to be scheduled for a further appearance just before the expiry of that time.
An order is made accordingly.



(signed)
Judge DJ Carruthers
Panel Convenor


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:

a)    Failed to comply with procedures in the Parole Act 2002; or
b)    Made an error of law; or
c)    Failed to comply with Board policy resulting in unfairness to the offender; or
d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e)    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.