New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

William Boyd MOKARAKA

Hearing: 7 August 2018

at Auckland South Corrections Facility

Members of the Board:

• Hon J W Gendall QC (Panel Convenor)
• Dr J Skipworth
• Ms G Hughes
• Mr L Comer

Counsel:

• Ms S Earl

Support Persons:

• [withheld]
• [withheld]
• [withheld]

DECISION OF THE BOARD

1. William Mokaraka is serving a sentence of preventive detention imposed on 23 July 1999 for crimes of assault with intent to rape, unlawful sexual connection with a female (x2), assault of a female, kidnapping (x2), and armed burglary with intent to break and enter.
2. His parole eligibility date was 15 June 2008. He has now served 19 years of his sentence. His index offending was especially serious, involving sexual assaults on women, strangers, at night and in their homes. He had a previous conviction for rape in 1991 for which he was sentenced to six years 10 months imprisonment.
3. When last seen by the Board it noted that he had completed the Adult Sex Offender Treatment Programme (ASOTP) in 2013 on his second attempt and had been in extensive one-to-one psychological counselling. He had no address available at that time although he had been in reintegration activity for several years.
4. Some of reintegration measure, namely release to work, ceased in 2014. We are told, that was “because of Departmental policy”, and not his behaviour. Mr Mokaraka has progressed well in prison.  The psychologist’s view is that he is, “likely to benefit,” from escorted outings to his approved address with [withheld] and to a marae.  He has the support of a kaumatua, [withheld] whose marae is in [withheld]. That is the locality of Mr Mokaraka’s [withheld] who provides good pro-social support. At the moment however his only approved accommodation is that with [withheld] who has had some considerable experience with prisoners residing with him.
5. Mr Mokaraka is currently suffering from [withheld] which has incapacitated him to a fairly substantial degree. He needs extensive treatment and possibly surgery. In a sense this is a protective factor, as is the continuing counselling with [withheld]. There is nothing further that Mr Mokaraka can usefully be provided with whilst in prison as he is not fit for Release to Work and has completed all necessary rehabilitative treatment.
6. Given the length of time he has spent in prison and the treatment afforded to him, we have reached the view that he would not pose an undue risk to the safety of the community provided he faithfully complied with his standard and special conditions and was carefully monitored by Community Corrections.
7. As a consequence, he is entitled to be released and his will occur on 28 August 2018 on the standard conditions and on the following special conditions. One further special condition and that is that there should be a monitoring/progress hearing, (in the first instance not face-to-face but on the papers) and this should occur after six months, that is before 31 March 2018. Community Corrections will be requested to provide a report at that time for the purpose of a progress consideration but on the papers only.
8. The following special conditions are:

   (1) To attend and complete an appropriate drug and alcohol programme to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.

   (2) Attend a Whanau/family Hui at an approved venue within a time frame to be determined by your Probation Officer.

   (3) Attend for a psychological assessment. Attend and complete any treatment and/or counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.

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

   (5) Not to stay away overnight from your residence without prior written approval of a Probation Officer.

   (6) Not to purchase, possess or consume any alcohol or illicit drugs.

   (7) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.

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

   (9) To be subject to a monitoring programme consideration on the papers only initially but to comply with any directions if such be 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.