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ANTOLIK - Jan - 17/09/2018

Parole Hearing

Under section 21(2) of the Parole Act 2002

Jan ANTOLIK

Hearing: 17 September 2018

at Auckland South Corrections Facility

Members of the Board:

  • Judge J P Gittos QSO (Panel Convenor)
  • Mr B McMurray
  • Ms G Hughes

Counsel:

  • Ms L Smith

Support Persons:

  • [withheld]

DECISION OF THE BOARD

  1. Jan Antolik is a 37 year old man serving a sentence of five years and nine months imposed upon him for offences of the importing a Class B drug MDMA, commonly known as ecstasy.  The Judge’s sentencing notes indicate that he imported some 4.99 kilograms of this substance with a street value of some $375,000 from the Czech Republic using his business of importing beverages to do so.  Apart from the index offending he has a history of only two driving matters in this country but those do not fully represent his engagements with law enforcement authorities, both in this country and in the Czech Republic.
  2. He came to this country having been involved in a problem with the Czech police, following an incident in which a man was shot and killed.  [withheld].  [withheld].  It is evident however on his own admissions to the Board at the hearing before us that he was at that time associating with criminal elements in the Czech Republic.  That he has continued to do so is evident from his index offending which involved him being in contact with somebody that he had known in the Czech Republic (and we bear in mind that he left that country some 11 years ago now) who he says persuaded him to become involved in importing ecstasy through his importing business.
  3. We are also aware from the papers on the Board file that there is a current application for extradition to the Czech Republic for outstanding criminal proceedings against him in that country, which may or may not be associated with the circumstances related by him to us, in respect to which he left the country.  That application is apparently currently deferred pending the outcome of deportation proceedings currently under consideration by the authorities in this country.
  4. These matters aside, we note that he also admits to having associated with members of the Hells Angels gang which led to him being charged with some of the gang members for offences in respect to which they were all subsequently acquitted at trial.
  5. Mr Antolik therefore presents a somewhat complex risk profile on the papers.  His behaviour in prison has given no concern and as matters stand his RoC*RoI level at .141 is such that he is not eligible for any rehabilitation programmes in the prison setting.  We find this assessment somewhat unusual looking at matters in the round.  He is presently working in the [withheld] yard and impresses as being an organised and responsible worker.  He has a reasonably credible release plan with an address with friends at [withheld] which is assessed as suitable.
  6. The prison psychologist assesses his overall risk of re-offending as being low.  Notwithstanding that, the Board considers that this man presents a complex and more comprehensive risk of re-offending than his criminal conviction history in this country would betray.  We had a lengthy interview with Mr Antolik in which aspects of the matters referred to above were put to him for comment.  His responses were self-exculpatory, evasive, long-winded and ultimately in our view in many respects manifestly untruthful when measured against the facts set out in the Judge’s sentencing notes and other documentation.
  7. We note that although he claims to have accepted his offending and resolved to lead a pro-social life some years back, Mr Antolik nevertheless has pursued energetically and no doubt at considerable expense every avenue to try to avoid liability and has only, it would seem, been prepared to acknowledge his offending since his appeal against conviction was finally laid to rest in the Court of Appeal on 8 December last.
  8. Looking at matters overall the Board is not satisfied that the risk is other than undue.  We think that Mr Antolik’s relatively recent resolves towards prosocial living need to be tested by an appropriate programme of reintegration.  We commend the prison authorities to help him work towards a Release to Work arrangement.
  9. Parole today is declined.  We will see Mr Antolik again in 12 months’ time, before the end of September 2019.

Judge J P Gittos QSO
Panel Convenor