Leith Rex RAY - 08/02/2018

Parole Hearing

Under section 21(2) of the Parole Act 2002

Leith Rex RAY

Hearing: 8 February 2018

at Spring Hill Corrections Facility

Members of the Board:

  • Hon M A Frater (Panel Convenor)
  • Dr J Skipworth
  • Mr A Hackney

Counsel: Mr C Tuck

In Attendance: [withheld]

Support Person: [withheld]

DECISION OF THE BOARD

  1. Leith Rex Ray, aged 43, is serving a sentence of life imprisonment for murder.  He and an older co-offender committed a double homicide on 1 June 1994 when he was 19 years old.
  2. Mr Ray has spent more than half his life in custody.
  3. He was released on parole on 8 February 2016 to reside at and be supported by [withheld].  However, some five weeks later he returned to prison pursuant to an interim recall order dated 14 March, made final on 12 April 2016.
  4. Mr Ray’s last Board hearing was on 26 April 2016.
  5. In deferring the next hearing for more than 12 months, the last Board identified psychological intervention, a sustained period on release to work and participation in available reintegrative activities as relevant activities which they expected to be completed before today.
  6. Subsequently, Mr Ray applied under section 26 of the Parole Act 2002 for an earlier hearing, but was declined.
  7. Because of his security classification (currently low), Mr Ray has been precluded from undertaking any reintegrative activities outside the wire.
  8. But he has not been idle.
  9. He has completed 10 hours of individual treatment with a departmental psychologist and completed a safety plan.
  10. He has also, and we consider this significant, completed an eight week Alcohol and Other Drug (AOD) Intensive Programme run by [withheld], followed by a six month Maintenance and Aftercare Programme.
  11. Although he completed the Drug Treatment Unit (DTU) programme in 2008, he says that he has learnt a great deal from the recent programme.  He acknowledges that he has a longstanding problem with cannabis and that when he shot his victims he was affected by that and other drugs.  He also continued to use drugs in prison for some time, as reflected in his IDU history.
  12. He described himself as a recovering addict and said that he needed all the support he could get.  He said that he now has a greater understanding of himself.  He has learnt about boundaries and about being open and honest.  He identified other high risk situations as anti-social peers and stress.
  13. He asked to be released on parole to undertake a residential rehabilitation programme, run by [withheld], in the community.  He told us that he would continue to be supported by his [withheld] caseworker after the course finishes, and he is living with [withheld].  They will help him to find employment.
  14. Mr Ray does not have any definite plans in that regard.  Since the last hearing he has gained further credits towards his National Certificate in Agriculture.
  15. Importantly, Mr Ray has demonstrated, through his work in the receiving office, that he is able to put into practice the lessons learned during the various interventions he has undertaken in prison.  The accompanying officer described him as looking out for his own interests/behaviours, rather than those of others.  Previously he was described as easily led.   We were told that he can now put in place boundaries and say no to others.
  16. Given Mr Ray’s demonstrated change and the ongoing support available to him from [withheld], we are satisfied that his assessed moderate risk of re‑offending can be managed in the community with the conditions which we will impose, including the requirement to undertake and complete the [withheld] programme, the prohibition on consuming or using alcohol or illicit substances, electronic monitoring and a progress hearing in August.
  17. Mr Ray will be released on parole on [withheld] 2018, when the programme starts.  He will be required to comply with the rules of the programme and be subject to electronic monitoring of the whereabouts conditions, but will not be subject to residential restrictions.
  18. We expect that, in the month or so remaining until he is released, Mr Ray will be given the opportunity to work with a psychologist to refresh his safety plan.
  19. Following release, Mr Ray will be subject to the standard conditions set out in section 14 of the Parole Act 2002 for life and the following special conditions which will continue for five years post-release; ie, until 12 March 2023.
  20. The special conditions are:

    (1) If directed, to attend an alcohol and drug assessment, and complete any recommended treatment, including residential care, to the satisfaction of the Probation Officer and treatment provider.

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

    (3) To undertake and complete any other treatment, counselling or programme directed by your Probation Officer to the satisfaction of the Probation Officer and treatment provider.

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

    (5) To attend the [withheld] residential programme and comply with the rules of the programme to the satisfaction of the programme providers and your Probation Officer.

    (6) Not to stay away overnight from your approved residential address without the prior written approval of your Probation Officer.

    (7) 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.

    (8) Not to enter the township of Te Akau, or North of the Bombay Hills, South Auckland as defined in writing by a Probation Officer, unless you have the prior written permission of a Probation Officer.

    (9) To submit to electronic monitoring in the form of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with the condition(s) relating to your whereabouts.

    (10) 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.

    (11) Not to possess, use or consume alcohol, controlled drugs or psychoactive substances.

    (12) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in August 2018 at a time and place to be notified to you, to enable the Parole Board to monitor your compliance with your release conditions.

Hon M A Frater
Panel Convenor