David Wharara KEEPA - 21/11/2018

Parole Hearing

Under section 21(2) of the Parole Act 2002

David Wharara KEEPA

Hearing: 21 November 2018

at Rimutaka Prison

Members of the Board:

  • Judge A Tompkins – Panel Convenor
  • Ms G Hughes
  • Mr G Crowley

Counsel:

  • Mr M Kilbride

Support Persons:

  • [withheld]

DECISION OF THE BOARD

  1. David Keepa appears before the Board for further consideration of parole.  He is serving a lengthy term of imprisonment following a conviction for serious sexual offending within [withheld].  Mr Keepa had a parole eligibility date in July 2014 and he has a statutory release and sentence end date in July 2020.
  2. When Mr Keepa was most recently before the Board in May of this year, the Board noted that he had, “for some time been marking time on his sentence”.  Some time ago Mr Keepa completed all the appropriate rehabilitative work and indeed when he was at Christchurch Prison spent a lengthy period living in the self-care units.  More latterly the issue for Mr Keepa has been finding accommodation.  In May of this year the Board was advised that Mr Keepa had been approved for [withheld] supported accommodation in [withheld] but that no accommodation would be available until 2019. Mr Keepa has moved back to Rimutaka so as to further work on his accommodation proposal and as noted in the report together with the updating memorandum, the combination of residence with [withheld] plus the added safeguard of GPS monitoring means that the residence proposal is now approved.
  3. Given both the nature of Mr Keepa's index offending and the lengthy period he has spent in prison Mr Keepa is aware, as was confirmed by Mr Kilbride his counsel today, that strict compliance with his release conditions will be expected of him.  The Board has decided that a further monitoring hearing after release on parole is justified so that the Board has some oversight with Mr Keepa's gradual reintegration back into the community after such a long sentence.
  4. In all the circumstances, the Board has concluded and that Mr Keepa can be released onto parole as from [withheld] February 2019 subject to the special conditions set out both in the main parole assessment report and in the updating memorandum dated 7 November 2018.
  5. All of those conditions will be up for review in the monitoring hearing which should take place in July 2019.
  6. In the period between now and that release date it would be of considerable advantage if Mr Keepa could both take advantage of escorted leaves and/or day releases and the like, so as to begin the process of obtaining bank accounts and other similar activities.  In addition, the recommended reintegration/whānau hui should be held prior to release so that all of Mr Keepa's supports are aware of the structures which will be in place when Mr Keepa is released onto parole.
  7. In those circumstances release will take place in February with a monitoring hearing in July and with Mr Keepa's standard and special conditions to last until six-month past the sentence in date.  The Board would expect that although all standard or special conditions will be up for review in July, particular attention will be paid to the need or otherwise to continue with the GPS monitoring.

    (1) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

    (2) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

    (3) To attend a reintegration meeting as directed by a Probation Officer.

    (4) Not to enter or loiter near any place where children under 16 are congregating unless you have the prior written approval of a Probation Officer, or unless an adult who has been approved by a Probation Officer in writing, is present.

    (5) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

    (6) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer, including any child sex offender community-based programmes if considered suitable.

    (7) To reside at an address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.

    (8) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

    (9) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

    (10) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

Judge A Tompkins
Panel Convenor