New Zealand Parole Board -

Postponement Hearing

Under section 27(1) of the Parole Act 2002

 

Jules Pierre MIKUS

Hearing: 1 April 2016  via AVL from NZPB Head Office, Wellington to  [withheld]  (on papers)
 
Members of the Board: 

      Hon. M A Frater – Panel Convenor
      Dr J Skipworth
      Mr B McMurray
      Ms M Coleman

In attendance:  [withheld]

DECISION OF THE BOARD

1. Jules Pierre Mikus, 57, is serving sentences of life imprisonment and preventive detention imposed in 2002 after he was found guilty of murdering and raping a six year old child.  He was also sentenced to finite sentences of 14 years for unlawful sexual connection and abduction.

2. His case was last considered by the Board on 16 December 2015, when parole was declined. 

3. The sole issue for determination today was that of postponement. 

4. This was on the table at the December hearing but, because there was no evidence that Mr Mikus had been served with formal notice of his rights, the determination of that matter only was deferred until today.

5. Any procedural deficiencies have since been remedied.  Mr Mikus was served with the requisite notice on 2 February 2016, and signed an acknowledgement to that effect.

6. At the last minute Mr Mikus filed a written waiver of his right to appear before the Board today.  On it he wrote that “I will send in my submissions at a later date as to this parole hearing”.

7. However, as already noted, the hearing today was not for parole, it was for postponement only.

8. Mr Mikus is well aware of the effects of making a postponement order, as a three year order was made against him on 4 May 2012.

9. We also note that the parole assessment report dated 9 March 2016 records that Mr Mikus had been advised that he could have a lawyer present to make oral or written submissions at his next Parole Board hearing and that he stated that “he has been in contact with his lawyers and is aware of what is required, and fully aware of any consequences” and that “he will submit a submission to the Parole Board in due course”.

10. In fact we have not received any submissions from Mr Mikus, apart from the waiver.

11. That is consistent with his non engagement with the parole process right from the beginning.  Nor has he taken any steps to address his very serious sexual and violent offending.  He has declined to participate in assessments for the Parole Board and declined to participate in any interventions with a departmental psychologist.

12. Given his assessed very high risk of sexual re-offending we are satisfied that even if Mr Mikus changes his mind and engages now, it will take at least five years before there is any prospect that he could safely be released. 

13. Accordingly, we make a postponement order of the maximum duration of five years from 16 December 2015, when parole was last considered.  This means that Mr Mikus’ next parole hearing will be scheduled on a date between October and December 2020, but in any event before 16 December 2020.

14. Of course, if he believes that there has been a significant change in his circumstances in the meantime, he can apply under s27(6) of the Parole Act 2002 for an earlier hearing.

 

Hon. M A Frater
Panel Convenor