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GATELY - Nigel Robert - 27 May 2015

Parole Hearing

Under section 21(1) of the Parole Act 2002

Nigel Robert GATELY

Hearing: 27 May 2015 via AVL from [Withheld]

Members of the Board:

  • Hon. M A Frater – Panel Convenor
  • Ms L Nathan
  • Dr J Skipworth
  • Dr P Taylor

In attendance: [Withheld]

Support Person: [Withheld]

DECISION OF THE BOARD

  1. Nigel Robert Gately, aged 47, is serving a sentence of preventive detention imposed in 2001 after he entered guilty pleas to two charges of assault with attempt to commit sexual violation and one of abduction with intent to rape. The charges related to incidents in Dunedin in June 2000 and Wellington in February the following year. There were two different victims. The sentencing Judge described the events giving rise to the charges as “terrifying in the extreme,” and we endorse that assessment.
  2. It is noteworthy that the first of Mr Gatley’s index offences was committed within three months of his release after serving the mandatory two-thirds of a sentence of eight years imprisonment imposed in 1994 for raping a Christchurch prostitute.
  3. Mr Gatley was sentenced to preventive detention on 2 October 2001 and became eligible for release on parole on 2 October 2011.
  4. He graduated from the Adult Sex Offender Treatment Programme on 31 May 2013. When he appeared before the Board in June last year he had been on Release to Work at [Withheld] for some eight months, but did not have an adequate release plan.
  5. Mr Gately continued at [Withheld] until earlier this year when his employment was cancelled through no fault of his own.  He was described as a very good worker who excelled in his work.  He has since been brought back inside the wire.  He has worked in the construction yard.  He has also attended [Withheld].
  6. He has taken heed of the suggestions of the last Board and has applied to and been accepted for the programme offered by the [Withheld].  This follows six escorted day paroles once each month.  [Withheld] told us that Mr Gately fitted into the programme very well and immediately became involved in it.  A place is available immediately.
  7. [Withheld] is assessed as posing a high-risk of sexual re‑offending and a moderate risk of violent offending.  We are satisfied that he has learned from the intensive programme he has attended, and has endeavoured to put into practice the lessons taught in it.  Following the failure of his last release, he accepts that he needs a structured and supported long-term release programme.  Obviously [Withheld] fits that criteria.  Mr Gately is not in a hurry.
  8. Although he has been offered employment in the community by his Release to Work employer, he accepts that in the immediate months, and possibly for up to a year post-release, his focus will be on the programme, rather than engaging in employment.  There are also others in the community he intends engaging with for support, post-release.
  9. We are satisfied that Mr Gately’s risk of re‑offending can be mitigated with the conditions we will impose and provided, of course, he undertakes and completes the [Withheld].  If he does that, his risk to the community will not be undue.
  10. Accordingly, Mr Gately will be released on parole on 15 June 2015.
  11. Thereafter he will be subject to the standard release conditions for life and, unless otherwise specified, to the following special conditions for five years post release.
  12. The standard conditions are set out in section 14 of the Parole Act 2002.
  13. The special conditions are:
    • (1) To reside at [Withheld] and not to move from that or any other approved address without the prior written approval of a Probation Officer.
    • (2) To undertake and complete [Withheld] to the satisfaction of your Probation Officer and the provider and comply with the rules of [Withheld].
    • (3) Not to leave the Christchurch City metropolitan area as defined in writing by your Probation Officer without the prior written approval of a Probation Officer.
    • (4) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
    • (5) Not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
    • (6) To comply with the requirements of electronic monitoring, and provide access to the approved residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.
    • (7) To submit to electronic monitoring in the form of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with any condition(s) relating to your whereabouts and, when issued a mobile cell phone device by the Department, to carry and keep it charged and turned on at all times and to answer it for the purpose of communications with the Probation Officer.
    • (8) To advise your Probation Officer if you enter an intimate relationship.
    • (9) Not to possess or consume alcohol or illicit drugs.
    • (10) Pursuant to section 29B(2)(a) the Department of Corrections is to prepare and submit a progress report on Mr Gately’s  compliance with those conditions, in the month of November 2015.  At this stage there is no requirement under section 29B(2)(b) that there be an attended hearing.

Hon. M A Frater

Panel Convenor