New Zealand Parole Board -

 

Parole hearing

Under section 21(1) of the Parole Act 2002

 

Daniel Sokoleti VILIAMI

Hearing: 1 June 2016 at [Withheld]
 
Members of the Board: 
       Hon. MA Frater – Panel Convenor
       Assoc. Prof. P Brinded
       Mr J Thomson
       Mr L Tawera

Counsel:  
       [Withheld]

In attendance:  
       [Withheld]

Support People:  
       [Withheld]
       [Withheld]
       [Withheld]

DECISION OF THE BOARD

1. Daniel Sokoleti Viliami is serving a life sentence of imprisonment, having been found guilty at trial of murdering his 18 year old partner.  This sentence was imposed on 5 June 2003.  His parole eligibility date was 2 September 2012.

2. Mr Viliami was 25 when he committed this crime.  He is now 39.

3. This is his first sentence of imprisonment, although he has previous criminal convictions, mainly for offences of dishonesty, but also for drug and alcohol related offending and breaches of periodic detention. 

4. There is no question that Mr Viliami was intoxicated at the time of his offending and in prison he has frequently held an IDU status.

5. The last Board supported the recommendations of the 2015 psychological report writer that further testing of the skills gained in the DTU and MIRP programmes was required.

6. Regrettably, two months after that hearing, Mr Viliami once again tested positive for cannabis use and incurred an IDU status which, obviously, impacted on his ability to engage in the recommended OE employment and/or work related training.

7. Instead he was referred to [Withheld] and undertook the intensive eight week AOD drug treatment programme which they run.  He completed this programme in November 2015 and cleared the IDU status the following month.

8. He has made positive progress, recovering lost ground, since then.  He transferred to [Withheld] in October, and has worked his way up to the trusted position of cleaner in the receiving office.

9. Eventually, in April this year, he was reassessed by the advisory panel and approved to work again in the refurbishment yard outside the wire.

10. He began plumbing work there on 19 April.  At the same time he transferred to the Internal Self Care Unit.  An application has been made for him to participate in shopping expeditions for the unit. 

11. An aiga fono was held during the last month, attended by [Withheld].  His probation officer and case manager also attended.

12. While the progress he made was acknowledged, it is noteworthy that [Withheld] identified his impulsive behaviour and inability to problem solve as behaviours which he still needs to address, and he acknowledges that.

13. Mr Viliami is assessed as posing a moderate risk of future general and/or violent re-offending.  His risk is likely to be elevated when he is under stress or experiencing low moods. In that situation he reverts to old patterns of behaviour and coping.

14. Given the relatively recent evidence of that maladaptive behaviour, we cannot be satisfied that Mr Viliami has reached the point where he can safely be released, and we say this notwithstanding the very good and realistic support available to him from his family.

15. In our view he needs to display consistently good behaviour over an extended period of time and in a variety of situations.

16. We would support his engagement in all available reintegrative activities, including Self Care, Release to Work and/or transfer to [Withheld] and, of course, temporary releases, so that he can be properly tested, in the meantime.

17. Parole is declined.  Mr Viliami’s next hearing will be during the week beginning 7 November 2016 and, in any event, before the end of that month.

18. Reports on the suitability of GPS and residential restrictions are required for that hearing, but, of course, we make no promises as to the outcome.

 

Hon. MA Frater
Panel Convenor