New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Eddie Albert McELROY

Hearing: 21 November 2018

at Tongariro Prison via AVL from Upper Hutt Community Corrections

Members of the Board:

• Sir Ron Young – Chairperson
• Assoc. Prof P Brinded
• Ms W Taumaunu
• Mr J Thomson

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Eddie Albert McElroy was sentenced to life imprisonment for murder, manslaughter, rape, and arson. He was sentenced in 1993 and has now been in prison for 25 years. He is 44 years of age. The killing was a particularly gruesome murder, involved a sexual violation and then an arson, which in turn killed the young child of the woman he murdered.
2. At the previous hearing in May 2018, the Parole Board noted that Mr McElroy was well on the way to reintegration. He had completed all the rehabilitation programmes required of him. It had been a slow process but that was appropriate given the seriousness of his offending. However, the process towards release had become somewhat derailed because information came to light of concern relating to Mr McElroy’s attitude to parole as well as to the Department of Corrections. Great concern was also expressed in the information that was made available as to the attitude of [withheld], who was to be Mr McElroy’s supporter and who was also providing accommodation for him. As a result, a further delay of six months was decided upon with a further updated psychological report.
3. Mr McElroy has come before us again.
4. The psychological report confirms that Mr McElroy remains a medium-high risk of sexual offending in the future as well as a medium risk of violent offending.
5. There was a concern expressed about whether his support people truly understood the high risk situations that might arise and whether they could provide real support for him.  It noted that Mr McElroy would need significant psychological support if and when he was released.
6. As far as the parole assessment report was concerned, it noted Mr McElroy had been on the Release To Work programme for some time, which had done extremely well. He had undertaken his guided releases, he had suitable accommodation with [withheld], and has wide support of family and friends and probable employment within the community.
7. One matter that we expressed some concern about was that [withheld] who had been long-time supporters of Mr McElroy had not recently contacted Mr McElroy. We express the hope that they will continue with their support.
8. In the circumstances we have decided, given the above factors and given the conditions we intend to propose, that Mr McElroy is no longer an undue risk. Before his release however, we will require him to undertake a whanau hui so that all of those who are supporting him including, of course, his probation officer, friends and family, can meet and understand Mr McElroy’s safety plan as well as his plans for the future.
9. We intend to impose the conditions proposed by the probation officer but with some additional factors. The first relates to relationships. Given Mr McElroy’s murder arose from a relationship difficulty we think it would be appropriately protective if Mr McElroy was required to notify Community Corrections should he begin any intimate relationship.
10. In addition, we have confirmed the drug and alcohol restrictions; we have provided for an initial six-month residential restrictions requiring Mr McElroy to stay within his residence between 10pm and 6am. Finally, we will have a monitoring hearing six months after Mr McElroy’s release.
11. That will enable discussion about whether Mr McElroy’s accommodation and support is working and how he is coping within the community. This hearing will be by the end of August 2019. Mr McElroy will therefore be released on parole on [withheld] February 2019 with the following special conditions.
12. The special conditions will apply for a period of five years from the date of his release.
13. The special conditions are:

    (1) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

    (2) To reside at [withheld] and not move from that address unless you have the prior written approval of a Probation Officer.

    (3) Following release from prison, travel directly to [withheld] and await the connection of the monitoring equipment.

    (4) To comply with the requirements of electronic monitoring, and provide access to the approved residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.

    (5) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 10:00pm and 6:00am for six months past release date, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

    (6) 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.

    (7) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

    (8) You are not to have contact or otherwise associate with the families of the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

    (9) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

    (10) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in August 2019 at a time and place to be notified to you.