New Zealand Parole Board -

 

Parole hearing

Under section 21(1) of the Parole Act 2002

 

Fred FALWASSER

Hearing: 11 January 2016 at [Withheld]

Members of the Board: 

       J Thomson (Panel Convenor)
       Ms G Hughes
       Ms T Williams-Blyth

In Attendance: [Withheld]

Support Persons: [Withheld]

 

DECISION OF THE BOARD

1. Fred Falwasser, aged 62, appears again for the consideration of parole.  He is serving a sentence of seven years six months’ imprisonment for rape, sexual connection with a young person aged 12 to 16 and male assaults female.  The sentence was imposed on 10 November 2010 and he became eligible for parole on 21 March 2013.  His sentence ends on 19 March 2018.

2. Mr Falwasser has a short list of previous convictions with no prior convictions for sexual offences.  The most recent conviction of any kind was in 1983. 

3. The Board heard oral submissions from the victims of Mr Falwasser’s offending this morning.  They continue to state their fear of Mr Falwasser and described his threatening behaviour.  They are concerned about the use of violence in his offending and believe that he has undertaken no programmes to address violence.  They are very concerned about any future contact with him and they do not wish him to be allowed to live in the South Island. 

4. The Board has the benefit of a psychologist’s report dated 18 November 2014.  That notes that Mr Falwasser completed [Withheld] in February 2014.  It also notes that he has developed a more robust understanding of his offending but has some difficulty in describing his history of violence.  Overall he is seen as being at moderate to low risk of sexual offending.  It notes that he also has the support of [Withheld]. 

5. Mr Falwasser last appeared before the Board on July 2015.   It was felt that in accordance with the views of the victim that an address in Christchurch was not suitable for release. 

6. Today Mr Falwasser proposes to live at [Withheld] in [Withheld].  As well as the support of [Withheld] he would have the support of [Withheld], who lives in that city.  It is seen as a suitable option by the Probation Service. 

7. Mr Falwasser has something over two years of his sentence left to serve.  He has completed a major rehabilitative intervention aimed at reducing his risk of further offending.  He has a low static risk score of 0.047 and as has already been stated is assessed by the psychologist as posing a moderate to low risk of sexual offending. 

8. In view of this and his updated proposal for release, the Board is now satisfied that if released under appropriate conditions Mr Falwasser would no longer pose an undue risk to the safety of the community. 

9. Global positioning monitoring is not seen as necessary in the management of Mr Falwasser’s risk as the offending was committed against people known to him.  However it is seen as appropriate to impose a curfew for the first three months of his release.  This curfew will not be electronically monitored.

10. Accordingly Mr Falwasser’s release is directed for [Withheld] February 2016.  The special conditions and standard conditions of release will remain in force until the sentence expiry date.  This is with the exception of the condition regarding the curfew which remains for three months after the date of release.

11. The special conditions are:-
   (1) Not to possess or consume alcohol or illicit drugs.
   (2) If directed to attend for a psychological assessment and thereafter complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
   (3) To reside [Withheld] and not to move from that address without the prior written approval of a Probation Officer.
   (4) To abide by the rules and conditions of [Withheld] for the duration of your tenancy at their residential facility.
   (5) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
   (6) Not to associate or otherwise have contact with any person under the age of 16 unless in the company of an adult who has previously been approved in writing by your Probation Officer, is present.
   (7) Not to have contact or otherwise associate with the victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
   (8) For 3 months from the date of release, to abide the conditions of a daily curfew, to remain at your approved address from 10.00pm to 6.00am daily unless otherwise approved in writing by a Probation Officer.

Mr J Thomson
Panel Convenor