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PITNEY - Robin James - 12/06/2017 (recall hearing)

Application for recall

Under section 60(1) of the Parole Act 2002

between

[Withheld]
Delegate for The Chief Executive of the Department of Corrections
Applicant

and

Robin James PITNEY
Respondent

Hearing: 12 June 2017 at [Withheld]  by video link from New Zealand Parole Board, Wellington

Members of the Board:

  • Alan Ritchie (Panel Convenor)
  • Mr G Crowley
  • Mr R Crotty

Counsel:

  • [Withheld] for Respondent
  • [Withheld] for Applicant

In Attendance:

  • [Withheld] (Probation Officer)

DECISION OF THE BOARD

1. The Board has considered an application for the recall from parole to prison of Robin James Pitney, 40.

2. Mr Pitney is serving a life sentence for murder of a young person in 1991.

3. He has been released and recalled on three previous occasions.  The most recent release was on 27 March 2017 with standard conditions for life and special conditions for five years from the date of release.

4. The application has been made by [Withheld], on behalf of the Chief Executive.  It was supported by an affidavit from probation officer, [Withheld].

5. The Department was represented by [Withheld].

6. Mr Pitney was represented by [Withheld].

7. The grounds relied on were undue risk, breach and failing to remain for the duration of a programme.

8. In her affidavit [Withheld] says that on 14 May 2017 [Withheld] suspected Mr Pitney had been consuming illicit drugs.  He underwent saliva and urine screening with positive results for illicit drugs.

9. On the same day [Withheld] staff advised that Mr Pitney had removed his tracker and absconded from the programme.

10. [Withheld]  said that Mr Pitney did not in fact accept that he was using drugs, nor did he accept that there could have been a positive result.  However, when the problems arose he did remove his tracker and absconded.  On that basis he accepts that the Board would find grounds made out and would make a final recall order.  That is the course we will follow.

11. Mr Pitney is now subject to a final recall order.  He will be scheduled to be seen for the further consideration of parole in the week commencing 25 September 2017.

Alan Ritchie
Panel Convenor