New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Wayne Michael MCGRATH

Hearing: 17 September 2019

at Rimutaka Prison

Members of the Board:

• Ms K Snook – Panel Convener
• Ms W Taumaunu
• Mr B McMurray

DECISION OF THE BOARD

1. Wayne Michael McGrath, 53, was due to appear for the further consideration of parole on a sentence of five years four months’ imprisonment having been found guilty by a jury of raping a 15 year old woman in July 1991.
2. We understand that Mr McGrath continues to maintain his innocence in relation to that offending.
3. Mr McGrath was sentenced on 9 December 2015, he has a low prison security classification, and a statutory release date of 13 May 2020.  That date is around eight months away, and on that date Mr McGrath must be released from prison (although he will be subject to standard and special conditions for six months following his release).  Mr McGrath has a RoC*Rol of 0.51991.
4. In advance of the hearing Mr McGrath signed a waiver.  It is dated 17 September 2019.  In that waiver Mr McGrath said that he would not appear before the Board because he wants to get out of prison when he has done his full sentence.  He also says that he does not need a Kangaroo Court to say that he is guilty of something that he has never done.
5. We therefore considered the question of parole today on an unattended basis.
6. Since Mr McGrath saw the Board last there have been no issues with his conduct. He is working in Distribution.  He is said to have a good work ethic.  Because Mr McGrath denies the offending he has not been able to attend the Child Sex Offender Treatment Programme that we understand is recommended for him.  He is assessed by the last psychological report we have (dated 28 July 2016) as posing a moderate to high risk of sexual re-offending and a moderate risk of general and violent offending.  The psychologist does note that Mr McGrath has been able to stay free of sex offence convictions for a period of 19 years which is a protective factor.
7. Whether Mr McGrath should attend the drug and alcohol treatment programme is unclear.  He was previously assessed as appropriate to attend that programme but it is no longer on his sentence plan.  He does not consider that he needs it.  There is reference in the report to Mr McGrath being offered one-to-one treatment to improve his motivation to attend programmes but the parole assessment report indicates that such work with the psychologist has not been successful in the past.
8. Mr McGrath has no real support in the community.  He has an address with [withheld] but that is only available once a release date is confirmed.
9. Mr McGrath has indicated that he will not comply with any special conditions imposed by the Board and will only comply with the standard conditions as they relate to reporting to Probation.  The report we have reiterates what Mr McGrath says in his waiver i.e. that he wants to serve his full sentence.
10. At this time, Mr McGrath remains an undue risk to the safety of the community.  He has completed no treatment and has no commitment to adhere to any special conditions. He remains assessed as posing a moderate to high risk of sexual re-offending and a moderate risk of general and violent offending. Parole is declined.
11. We will schedule Mr McGrath to be seen again by a Board in March 2020 and no later than the end of that month.  Given Mr McGrath’s current stance it is likely that the hearing will be for the setting of his final conditions for his release at his statutory release date.
12. For completeness we note that we asked the Department to advise the Board about what had happened regarding the comment in the psychological assessment dated 28 July 2016 that an extended supervision order (ESO) in relation to Mr McGrath may be applied for by the Department. The Department advised the Board that although Mr McGrath was previously on a list to be considered for an ESO, it has now been decided that he will not be assessed for an ESO.