New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Eddie Albert McELROY

Hearing: 17 May 2018

at Tongariro Prison

via AVL from New Zealand Parole Board, Wellington

Members of the Board:

• Judge E Paul (Panel Convenor)
• Dr J Skipworth
• Mr B McMurray

DECISION OF THE BOARD

1. Eddie Albert McElroy appears again for consideration on a life sentence for murder.  Also for manslaughter, arson and rape of a woman.
2. When last seen by the Board on 24 October 2017, it was noted he was on the pathway to reintegration but that should be approached in a slow manner. The Board recorded he was undertaking release to work. Noting he had graduated from Adult Sex Offender Treatment Programme (ASOTP) back in December 2015. The Board also noted the length of time this man has spent in prison, some 24 years.
3. In terms of reintegration and release, Mr McElroy has his sponsors, [withheld]. He has undertaken 10 guided releases and he has taken up any Release to Work opportunities that have been available. Currently he is working outside the wire on the [withheld] work party.
4. The addendum report this Board has of 28 February recorded his risk of sexual reoffending as medium/high. That he presented a low overall risk in terms of his release proposal. The report writer was concerned should he be refused parole on this occasion.  From all that material Mr McElroy appeared certainly close to release. However, the Board then received an intel report with respect to not only Mr McElroy’s sponsors, [withheld], but also his friends and ex-employers. In summary, that report threw up three issues; firstly, an anti-authority belief between Mr McElroy and his sponsor [withheld], secondly a fixation on consuming alcohol on his release and thirdly a threat to behave badly if he was not granted parole on this occasion. This Board is realistic in that we accept some of those comments picked up by way of telephone conversations could be attributed to bravado. Certainly Mr McElroy suggested some of it was simply out of context and light-hearted. However, in combination it also demonstrates a concerning lack of objectivity on the part, particularly, of Mr McElroy’s sponsors in terms of potential collusion with negative beliefs which to an extent appear to have been supported by Mr McElroy.
5. Certainly that is one view of the information. It is difficult for this Board to determine where that intel report sits given the positive progress Mr McElroy has made towards release. On that basis, we have decided that the intel report is best considered alongside all the other information by an independent report writer. To that end, we will be asking for a further addendum psychological report taking account of this most recent intel information in terms of Mr McElroy’s risk, in particular his release proposal but also the support people which form a critical part of his release proposal. That way, any future Board can fairly and objectively deal with this intel information in context.
6. Accordingly for today parole is formally declined. There is sufficient concern in the intel report to suggest risk is not yet sufficiently mitigated. Rather than see Mr McElroy in potentially 12 months time, we will see him in approximately six months and not later than the end of November 2018. At that time we expect the updated psychologist's report with all the material available to the report writer to be presented to the Board sitting on that date. Finally, a postponement order was served on Mr McElroy but given the outcome of the Board’s decision today we do not intend granting that postponement order, it is formally declined.