New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Stewart Murray WILSON

Hearing: 30 July 2019

at Northland Region Corrections Facility

Members of the Board:

• Sir Ron Young – Chairperson
• Mr P Elenio
• Mr A Hackney

Counsel:                                          

• Mr A McKenzie

DECISION OF THE BOARD

1. Mr Wilson was sentenced to two years and four months’ imprisonment on four charges of rape and a number of charges of indecent assault.  He is 72 years of age and has a final release date of January 2021.
2. The facts are that there were three complainants involving very serious sexual offending against women who were effectively strangers to him.  He used drugs to facilitate his sexual offending.  The first two offences involved adult women who were detained by Mr Wilson; the third involved the rape of a young girl.
3. These events occurred earlier in time to a significant amount of other offending.  Mr Wilson was sentenced in 1996 to 21 years in prison for very serious sexual offending.  And so the two years four months’ imprisonment was simply an addition to reflect an overall sentence of all of the offending.  Since Mr Wilson’s release he has been subject to an extended supervision order.
4. As far as the current position is concerned, Mr Wilson continues, as he has for many years, to deny all sexual offending other than some less serious nonsexual offending.  Since the imposition of an ESO, other than one event he has been subject to, the special conditions imposed with respect to the ESO have been without difficulty.  He remains at medium to high risk of re-offending.  The ESO conditions were essentially part of an individualised plan developed by Corrections.
5. Mr Wilson’s counsel says that we can now release Mr Wilson on parole effectively on the same conditions that he was subject to with respect to his ESO.  These are extremely tight conditions of control.  They would involve Mr Wilson going back to live in a residence immediately outside Whanganui Prison where he is essentially unable to leave without agreement of probation officers.  He is subject to GPS monitoring and a number of other conditions.
6. We are satisfied that given the special conditions imposed, including significant control over Mr Wilson’s whereabouts and his capacity to re-offend, then with those conditions he is no longer an undue risk and may now be released.  We propose currently to release him on the conditions recommended by the probation officer, but for reasons we will mention in a moment with one addition and with some comment.
7. The additional conditions would require an in-person monitoring hearing within a period of three months, that is by the end of November 2019.  The purpose of the monitoring will be to review condition (11) of the special conditions.  We have decided to release Mr Wilson on 20 August 2019 with that condition in the interim.  We are satisfied that the condition is too vague to be imposed in the long term.  As to condition (11) a specific programme must be identified.  It is inappropriate for Community Corrections to seek a programme to be provided “by a programme provider” without knowing the content of the programme or how it fits in with the remaining special conditions.  And so at the November monitoring hearing we would expect Community Corrections to have developed a specific reintegration programme which it says is appropriate, to have shared that with Mr Wilson and his counsel.  The Board at that time will then consider whether it is appropriate to vary the special condition (11).
8. One further matter.  We were provided with a copy of Mr Wilson’s reintegration plan prepared by Community Corrections from 21 March 2016.  The programme provides in part a note that Mr Wilson wishes to see his mother and that if such a visit was practicable then Community Corrections would assist Mr Wilson in doing so.  The plan notes that Mr Wilson would need to pay the costs of air travel and other personal costs, including accommodation, and the Department would meet the costs of staff travelling in support.
9. Mr Wilson has advised that he has saved sufficient money and indeed saved sufficient money some time ago to undertake this travel.  He has tried, we are told, repetitively to convince Community Corrections to arrange such a visit.  Each time it seems he has been refused.  The Parole Board has on a previous occasion remarked that it is difficult to see what objection there could be to a properly supervised visit to his mother.  We invite Community Corrections to report on this matter at the monitoring hearing.

   (1) Not to drive a motor vehicle without the prior written approval of a Probation Officer.

   (2) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

   (3) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

   (4) To submit to electronic monitoring by way of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

   (5) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

   (6) Not to use or possess any device capable of accessing the internet unless you are under the direct supervision of an adult approved in writing by a Probation Officer, or unless you have the prior written approval of a Probation Officer. To immediately inform your Probation Officer or his or her agent, of any electronic device in your possession or control, and upon direction, give access for the purpose of checking the internet capability of the device and your compliance with this condition.

   (7) Not to engage in any clubs, groups or churches without the prior written approval of your Probation Officer.

   (8) If directed by your Probation Officer to attend sessions with a Departmental psychologist.

   (9) Not to place any advertisement, or reference in any printed or digital publication (including the internet), and not to respond to such and advertisement by any person, without the prior written approval of your probation officer

   (10) To reside at (withheld), Whanganui and not move from that address unless you have the prior written approval of a Probation Officer.

   (11) To undertake, engage in and complete a reintegration programme administered by a programme provider, approved by your Probation Officer and abide by the rules of the programme to the satisfaction of the programme provider.

   (12) Not to have any female present at your residential address at any time unless you have the prior written approval of your probation officer.

   (13) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

   (14) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

   (15) Not to enter any area outside of the Whanganui District as defined by the district boundary of the Whanganui District Council unless you have the prior written approval of a Probation Officer.

   (16) To comply with any direction 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.