Benjamin Anthony KIRO - 13/02/2018

Parole Hearing

Under section 21(1) of the Parole Act 2002

Benjamin Anthony KIRO

Hearing: 13 February 2018

At Auckland South Corrections Facility

Members of the Board:

  • Ms T Williams Blyth (Panel Convenor)
  • Mr D Hauraki
  • Mr C King

Support Person: [withheld]

DECISION OF THE BOARD

  1. Benjamin Kiro (37) appears for the first time for consideration of parole.  He is serving a four year six month sentence for a number of (over 20) dishonesty related offences, including theft by a person in a special relationship.
  2. He has no previous criminal history.
  3. Within the prison setting, he has a RoC*Rol of 0.23681, a prison security classification of minimum and a statutory release date of 25 May 2020. There is approximately two years four months left on his sentence.
  4. The Board does not have a copy of the Judge’s sentencing notes. This is unfortunate as the Board is unable to get an understanding of his offending and the contributing factors as the Court determined them when he was sentenced.
  5. This is also important because Mr Kiro is now denying statements he made to the Court regarding his extensive use of methamphetamine, cocaine and alcohol. He said that he made up the claims of alcohol and drug use as a form of defence for his appeal.
  6. The Board do not have a copy of the appeal decision.
  7. The parole assessment report identifies the sentence plan as completion of the AOD brief, AOD intermediate and the six-month drug treatment programme (DTP).  He completed the AOD brief but declined attendance at the DTP. He was regressed from the self-care unit for his decision.
  8. Mr Kiro’s behaviour in prison has not been without issue. He has been described as disrespectful, arrogant and not getting along well with staff.  Mr Kiro acknowledged that and said he had been having a hard time. He was willing to make a change.
  9. In discussion with Mr Kiro, he says that he has addressed his attitude and behaviour.  He highlighted his self-directed engagement various therapies.  He also identified not having a male role model growing up as one of the reasons that may have led to his offending.  He believes that he has “taken account for his offending”.
  10. He acknowledged that his behaviour is “good to a point” and that he could have handled himself better, particularly when he was regressed.
  11. With regard to the DTP, he explained that he did not decline the programme he wanted to be assessed before being required to attend.
  12. He does not agree that he denied using alcohol and drugs.  He acknowledges that he did use alcohol and drug but “there was no direct correlation between my offending and my alcohol and drug use”.
  13. Mr Kiro seems to have moved from having a significant alcohol and drug problem, to saying he made up those claims, to then saying that he did use but there was no causal link between his offending and alcohol and drug use.
  14. Just prior to the hearing, the Board received a memorandum advising that Mr Kiro was facing a misconduct charge after an incident in the last week where he threw a bucket of water over a staff member while at the Sports Academy.  Neither he nor the PCO mentioned the incident without prompting.  For his part Mr Kiro highlighted the fact that he had not yet been charged.
  15. Mr Kiro has filed extensive submissions in support of his release on parole.  The reality is, however, that he is an untreated offender.  In addition, he needs to show that he is able to manage his behaviour within the prison setting.
  16. For today, he remains an undue risk and parole is declined.  Mr Kiro will be seen for further consideration of parole in February 2019 and by no later than 28 February 2019.
  17. In the meantime, Mr Kiro is encouraged to engage in the rehabilitation that is made available to him including the drug treatment programme.  The Board would then expect a period of consolidation and engagement in reintegration activities.
  18. Mr Kiro will also need to focus on getting his behaviour under control.
  19. For the next hearing the Board requests a copy of the Court of Appeal sentencing notes and his Australian Criminal Conviction record.

Ms T Williams Blyth
Panel Convenor