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WICKLIFFE - Dean Hugh Te Kahu Wiliam - 03/05/2017

Parole hearing

Under section 21(2) of the Parole Act 2002

Dean Hugh Te Kahu Wiliam WICKLIFFE

Hearing: 3 May 2017

Via AVL from [Withheld]

Members of the Board:

  • Hon. M A Frater (Panel Convenor)
  • Judge A Kiernan
  • Assoc. Prof. P Brinded
  • Ms T Williams-Blyth

Counsel:

  • [Withheld]

In attendance:

  • [Withheld]

Support Person:

  • [Withheld]

DECISION OF THE BOARD

1. On 3 May 1972 forty five years ago today, Dean Wickliffe was found guilty of murdering Paul Miet, and sentenced to life imprisonment.

2. On 23 December 1986 the Court of Appeal directed that a verdict of guilty of manslaughter be substituted for that of murder, but that no change be made in the sentence of life imprisonment.

3. Mr Wickliffe was released on parole for the first time in 1987 and since then has been recalled five times.  Each recall was preceded by further offending, including aggravated robbery, escaping, kidnapping, driving with excess breath alcohol, possessing and selling cannabis, and manufacturing and possessing methamphetamine for supply.

4. The last recall was in December 2011 he has been back in prison ever since.

5. Today he sought to be paroled for a sixth, and he said, final, time.

6. When he appeared before the Board on 7 April last year Mr Wickliffe was participating in psychological counselling and doing well, but they did not think he was ready for release.   They said that he would benefit from further reintegration, including continued individual counselling and moving to a self-care unit.

7. And that has happened.

8. His security classification reduced to minimum and, in February this year he moved into the self-care unit.

9. He has not caused any problems in the unit.  He has not been involved in any incidents or misconducts.  Nor has he incurred an IDU status.

10. He continued to engage with a departmental psychologist until February this year, to good effect.  The treating psychologist described him as open and reflective, and his engagement in treatment, satisfactory.  He observed an increased ability to be flexible and tolerate and/or appropriately manage frustration, which he has demonstrated in the way that he has dealt with his inability to obtain employment.

11. Although his application for release to work was approved in December 2016 and he has had three, apparently successful, job interviews, Mr Wickliffe has been unable to secure work in the community.  The unit employment broker suggested, and Mr Wickliffe tends to agree, that his notoriety is against him.

12. In any event, given the reality, Mr Wickliffe has decided that there is no reason to delay his release.

13. He wants to live with his old friends, [Withheld], in [Withheld], , where many of his [Withheld]  live.

14. The last Board expressed some concern about [Withheld] the proposed release address [Withheld].

15. Obviously we have considered this issue very carefully.  But ultimately, we are satisfied that this is the safest place for Mr Wickliffe [Withheld] and that he will not pose an undue risk if released there, subject to appropriate conditions..

16. First, as noted, because [Withheld]. Mr Wickliffe will be known there and kept an eye on, and any association with his co-offender will quickly come to the notice of Probation.

17. Secondly, we accept that this is the best area for Mr Wickliffe to obtain employment.  Notwithstanding his age, he says that he is hopeful of obtaining employment, probably [Withheld].  Otherwise he is confident that [Withheld], will be able to assist him.

18. Thirdly, we accept that Mr Wickliffe has had enough of prison.  He said that he has nothing in common with the other men in prison; nor does he have anything in common with his own past.  He acknowledged that through his offending he let down both his whānau and his late partner.  He said that losing her was a major turning point.  It led to him reviewing who he is, where he was and what he wanted.

19. Fourthly we are satisfied that he has learned from his time in self-care and in counselling.  He said that he had never been given time to prepare for release before.  He has made good use of it.

20. Fifthly, we accept that writing his autobiography has also been therapeutic.  It has caused him to review his life and acknowledge how he has wasted it.  He wants a different retirement.

21. We do not see the justification for electronic monitoring, as no whereabouts condition has been proposed.  We do, however, think he would benefit from a curfew for the first three months post-release.

22. We are also imposing a requirement that his Probation Officer prepare a written report for the Board in about six months time.  If there are any issues of concern raised in the report it will be open to the Board receiving it to require Mr Wickliffe to attend for a face-to-face hearing.

23. Finally, we note that Mr Wickliffe was advised of the requirements of the recent Drug and Alcohol testing legislation which empower a Corrections employee or a Police Officer to require a parolee to undergo testing for a controlled drug, psychoactive substances or alcohol or to submit to continuous monitoring through a drug or alcohol monitoring device, or contact an automated system when required to do so.  This will impose a further restriction on him.

24. Accordingly, Mr Wickliffe will be released on Parole on [Withheld] 2017 subject to the standard conditions set out in Section 14 of the Parole Act 2002 which will continue for life and the following special conditions.  Unless otherwise specified, the special conditions will continue for five years post-release.

25. The special conditions are:-
(1) Not to possess or consume alcohol, illicit drugs or psychoactive substances.
(2) To attend and complete such counselling/programme/treatment directed by your Probation Officer to the satisfaction of the Probation Officer and programme provider
(3) To undertake and complete an assessment by a departmental psychologist and attend any treatment recommended, to the satisfaction of the Probation Officer and psychologist
(4) To reside at [Withheld]  and not to move from that or any subsequently approved address without the prior written approval of a Probation Officer.
(5) Until 23 August 2017 to comply with a curfew at your approved address between 8 pm and 6 am daily except with the prior written approval of a Probation Officer.
(6) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(7) To attend a support hui at an approved venue within four weeks of release and such subsequent hui as may be required by your Probation Officer.
(8) Not to communicate or associate with Andrew Reid (co-offender), without the prior written approval of your Probation Officer.
(9) If directed, to comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing, in November 2017 at a time and place to be notified to you, to enable the Parole Board to monitor your compliance with your release conditions.

Hon. M A Frater
Panel Convenor