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MOANAROA - James Tawhirimatea Frazer - 12/05/2017

Parole Hearing

Under section 21(2) of the Parole Act 2002

James Tawhirimatea Frazer MOANAROA

Hearing: 16 May 2017 at [Withheld]

Members of the Board:

  • Judge M Crosbie – Panel Convenor
  • Mr A Hackney
  • Mr D Hauraki

Support Persons:

  • [Withheld]
  • [Withheld]
  • [Withheld]

DECISION OF THE BOARD

1. Mr Moanaroa appeared for consideration of early release on parole. Mr Moanaroa is serving a sentence for rape, unlawful sexual connection and male assaults female. His parole eligibility date was 10 July 2014 and his statutory release date is 8 March 2020. Mr Moanaroa has a RoC*Rol of 0.533. He is currently classified minimum security and in fact is in Self Care.

2. Mr Moanaroa was last seen in May 2016 and did not seek parole at that time as he was enrolled in the ASOTP programme. He has now graduated the ASOTP and is described as mostly compliant and polite. However, the parole report says that at times he can struggle to utilise his skills, is dismissive of feedback and quick to criticise others. There was an update on that by the PCO today who said that he had little to say but that the conduct in the unit was now very good. Mr Moanaroa is more open to feedback and accepting of feedback. It may be that this is a positive development following completion of the ASOTP programme.

3. Mr Moanaroa sought release. Counsel submitted that he has a good pro-social family environment. He will continue with counselling and treatment and that he has positive support in the community.

4. The Board considers that the release plan for Mr Moanaroa will be viable at some point, the question is one of timing as against an assessment of his risk to the safety of the community.

5. [Withheld] appeared concerned that it was the [Withheld]'s fourth time before the Board, exhibiting some frustration. [Withheld]. Mr Moanaroa's [Withheld] appeared quite unhappy when the Board's decision was given, although that is perhaps understandable.

6. [Withheld]. The Board's role is to make an assessment of risk of Mr Moanaroa as an offender and part of that is to ensure that there is an acceptance of offending, the causes of it and a commitment to rehabilitation and reintegration. This extends to those who are supporting an offender while on parole. [Withheld].

7. The information before the Board is that Mr Moanaroa is now entering the reintegration phase after treatment. The recommendation is that he remain at [Withheld] and then transfer to [Withheld] for reintegration. Mr Moanaroa has some time remaining on his sentence which ends on 8 March 2020.

8. It is the Board's role to make an assessment of risk and it ought not to release an offender unless it was satisfied that an offender does not pose an undue risk to the safety of the community. Mr Moanaroa's risk is assessed as medium and his RoC*Rol rating 0.533. Clearly he has served the latter part of his sentence well and is fully engaged in the therapeutic community and programme. Against that, the Board's view is that it must place considerable weight on the clinical view that there is a further period of reintegration and consolidation needed. Over that period Mr Moanaroa's learnings can be tested as can his conduct.

9. [Withheld]

10. In all the circumstances the Board at this time cannot be satisfied that Mr Moanaroa does not pose an undue risk to the safety of the community and declines his release on parole. It will not see Mr Moanaroa before December 2017 and it will list him to be seen at the December Board. That is not an indication that parole will be granted. The Board will look at any application for parole afresh. In the meantime Mr Moanaroa should continue with his reintegration at [and, as necessary, transfer to [Withheld].

Judge M Crosbie
Panel Convenor