New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Fernando DO NASCIMENTO BARBOSA  

Hearing: 15 October 2020

at Otago Corrections Facility

by AVL from New Zealand Parole Board, Wellington

Members of the Board: Ms M Coleman (Panel Convenor), Mr S A M Perry, Mr C Roberts

Counsel:                                           Ms D Henderson

In Attendance:                                  (withheld) – Interpreter

(withheld) - Principle Case Manager

DECISION OF THE BOARD

1. Fernando Do Nascimento Barbosa, who is 33, appeared before the Board today for the first consideration of parole on a three-year four month sentence for the rape of a woman over the age of 16.
2. Mr Do Nascimento Barbosa’s statutory release date is 26 December 2022.  Mr Do Nascimento Barbosa is Brazilian.  He is facing deportation following his release from prison.  This means that if he were paroled he would be paroled into the custody of Immigration New Zealand or the New Zealand Police for that purpose.
3. Nevertheless, the issues of risk are the same whether or not Mr Do Nascimento Barbosa is released to New Zealand or Brazil.  The Board may not release him until it can be satisfied that he would not pose a risk to either community.
4. The Board met Mr Do Nascimento Barbosa’s victim a day prior to the hearing.  She prepared a written statement for the Board which was subsequently made available to Mr Do Nascimento Barbosa.  His victim says in that statement that she is afraid of his release, not just for for herself but for whatever community he is released into.  She says that “No,” is a universal word that all peoples understand and yet despite repeatedly saying no he went on to sexually assault her.
5. Mr Do Nascimento Barbosa was asked about what he thought the impact of his offending may have on his victim.  He proceeded to justify that offending.  He said that it had happened only two months after his arrival.  He said that he did not understand New Zealand culture misread the signals.  While he accepted that she said no, he said that her body language told otherwise.  Mr Do Nascimento Barbosa also said that he was unfamiliar with New Zealand culture and in Brazil her behaviour would mean something different.
6. The Board was very concerned at the way Mr Do Nascimento Barbosa spoke to us.  We were left with no confidence that he really has accepted that what he did was in any way unlawful let alone wrong.  He left us with no confidence that he would not be a risk to the safety of young women in Brazil were he to return.
7. The Board therefore asks for a psychological assessment of risk.  Until the Board has that assessment we cannot be satisfied that his risk is other than undue.
8. Parole today is declined.  Mr Do Nascimento Barbosa will be seen again in April 2021 and by the end of April 2021 at the latest.