New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Gerald George MCKAY

Hearing: 18 May 2018

at Rimutaka Prison

Members of the Board:

• Judge E Paul – Panel Convenor
• Ms W Taumaunu
• Mr M Quigg

Counsel: Mr P Surridge

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Gerald George McKay appears again for parole consideration on a four and a half year jail sentence for serious criminal fraud and breaches of fiduciary duty towards his clients when he practised as a lawyer.  In short, he stole from his clients.  He is currently minimum security.  His sentence end date is 25 August 2020.  He has a very low RoC*Rol of 0.03425.
2. The outcome of his first Board hearing in August 2017 was the Board required a psychological report and one-to-one counselling treatment.  The Board was also concerned as to Mr McKay’s acceptance of his criminality and wrongdoing.  It was also suggested perhaps as an add-on that some reintegration work may be required.
3. Since that time putting to one side the number of review and early hearing applications which do not impact on our decision today, Mr McKay was afforded the opportunity to complete the Short Motivational Programme (SMP) and he was able to demonstrate insight into the triggers of his offending as a result of that programme being completed by him.
4. We also have the benefit of the psychologist’s report which succinctly informed the Board of this man’s risk going forward.  In summary, the report recorded based on static and dynamic risk factors he presents a very low risk of re-offending.  The report writer assessed his overall release plan presented with low reintegration risk, noting his support people would challenge his behaviour, and in that regard [withheld] who attended the hearing today confirmed exactly that.
5. The report writer also acknowledged Mr McKay’s offending occurred as a result of the position he occupied as a practicing lawyer.  That is no longer available to him.  The case itself attracted significant media attention, and the report writer opined that people would be unlikely indeed to trust Mr McKay with money in the future.  This Board accepts that view likewise.
6. Mr McKay has a robust release proposal.  He has approved accommodation at [withheld].  He has the support of the neighbour in terms of any practical travel requirements and the like.  He has a significant close family in [withheld] who are prepared to support his successful parole back into the community.
7. Given all of those factors it is unavoidable that the decision for this Board must be Mr McKay’s risk has been sufficiently reduced that he can now return to the community.  Accordingly, parole is granted.  Mr McKay will be released from the prison on [withheld] June 2018.  He will be subject to the general conditions, he will be subject to the special conditions to his sentence end date those special conditions follow:

   (1) To reside at [withheld] and not to move from that address without the prior written approval of a Probation Officer.

   (2) To obtain written consent from a Probation Officer prior to starting, terminating or changing your position or place of employment or contract work or volunteer work.

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

   (4) Not to be involved in the handling of money, provision of advice or management of the financial accounts or transactions, of any person or entity, unless you have the prior written approval of a probation officer.