New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Jan ANTOLIK (AKA Karel Sroubek)

Hearing: 17 August 2020

at Auckland South Corrections Facility

via AVL from New Zealand Parole Board, Wellington

Members of the Board: Ms M More – Panel Convenor, Dr. G Coyle, Ms K Coutts

Counsel: Mr P Wicks QC

In Attendance: (withheld) – Clinical Psychologist

DECISION OF THE BOARD

1. Jan Antolik aka Karel Sroubek is 39, he appears before the Board on a sentence of five years and nine months for importing and exporting ecstasy.  Mr Antolik imported ecstasy from the Czech Republic in packets of juice through a company he owned.  He maintained at trial, and to appeal, that he was not guilty, and that people wanted to frame him.  He accepted his offending at his first appearance before the Parole Board on 12 March 2018.
2. Mr Antolik has a RoC*Rol of .11932, his statutory release date is 5 January 2022, he has one year and five months remaining on his sentence.
3. Mr Antolik’s classification is low/medium, his behaviour is noted as generally being compliant.  However there was a recent incident, six to eight weeks ago, when he was regressed from Self Care because of allegations that he was involved in a fight. No misconduct was laid and he was returned to Self Care.
4. Mr Antolik was represented by counsel Mr Wicks QC who submitted on his behalf that his client did not present as an undue risk and could be released on parole.  Mr Wicks's referred to the support Mr Antolik has, that he has completed one-on-one work with a private psychologist, Doctor (withheld) , and he has developed a release plan.
5. Doctor (withheld) was scheduled to appear in support, unfortunately due to technological issues she was only online briefly, and unable to contribute. Mr Wicks spoke to Doctor (withheld) report, he said that Dr (withheld) position was that any further incarceration for Mr Antolik would be harmful rather than productive.  Mr Wicks said Dr (withheld) assessment is that Mr Antolik has the skills and understanding to live prosocially.
6. Mr Wicks referred to Mr Antolik’s excellent release plan, family support, suitable address, and three employment opportunities.
7. The Board spoke at length to Mr Antolik, he told us that the drivers behind the offending were that he was facing financial difficulty and he did not want to turn to his friends for assistance.  He said he had no understanding that there were consequences to his actions.
8. Mr Antolik said the consequences were the pressure on family and friends, the damage to the community of drug use, and that he had lost the respect of people.  Mr Antolik said that young lives were wasted through the use of ecstasy, through parties and overdose.  He said that importing ecstasy did not resolve his financial issues, he said he has lost everything.
9. Mr Antolik said he has become a better person through his incarceration, and that he has learnt consequences to his actions and to be patient.
10. The Board discussed the allegations of assault with Mr Antolik and his PCO.  The PCO said that he was called to the unit, an inmate had alleged to two other officers that Mr Antolik had assaulted him.  The PCO said that when he arrived the inmate had changed his mind, he said he was not assaulted and may have fallen.
11. The PCO said he had his suspicions that Mr Antolik may have assaulted the inmate, however he did wonder why Mr Antolik would do something so stupid.  He said that Mr Antolik knew his parole was coming up and was unlikely to jeopardise it, consequently the PCO was "on the fence" about the issue.  Mr Antolik said that he had a verbal argument with the inmate, he said he did not assault him, but that he thought the inmate wanted him out of the unit.
12. Mr Antolik told us that as well as having accommodation with a friend, and support from a number of friends and acquaintances, he is studying and he wants to work in IT.  He said that he hopes to work as soon as possible, but if not he had extensive support from his friends including living rent free and being offered financial assistance.
13. Mr Antolik has been advised that he may be deported to the Czech Republic.  He told the Board that if he were to be deported he still feels he is at risk because he witnessed a murder when he was in his youth.  However he said that he intends to keep a very low profile, he will rely upon the support from his family and friends, and he hopes to work in information technology and largely work online.
14. Mr Antolik has a low RoC*RoI, he has undertaken rehabilitation by way of private work with a psychologist, he has developed a release proposal, and the private psychologist has assessed him as a low risk of re-offending.  The Board finds that any undue risk Mr Antolik continues to pose can be met by way of special conditions, as such he will be released on parole.
15. The Board has a memorandum dated 6 August 2020 including a submission that full residential restrictions will reduce Mr Antolik’s risk of offending and mitigate any risk of Mr Antolik absconding to avoid deportation. The memorandum says that the occupant of Mr Antolik’s proposed accommodation has signed his consent to electronically monitored residential restrictions. We do not have that signed consent. We expect it to be provided before Mr Antolik is released.
16. Mr Wicks and Mr Antolik made submissions on the proposed special conditions, particularly that of full electronically monitored residential restrictions. Mr Antolik told us that he had been on bail for at least three months, he knew he was facing prison and possible deportation but he did not abscond.  He said he has faced the consequences.
17. The Board is aware that Mr Antolik wishes to study and work, nevertheless the Board does feel that Mr Antolik’s risk will be somewhat mitigated by the imposition of partial residential restrictions, he will be subject to electronically monitored residential restrictions from 8.00 pm to 7.00 am.
18. The Board feels that there are special circumstances, particularly the uncertainty around possible deportation, to support a direction that Mr Antolik appears before the Parole Board for a monitoring hearing in February 2021.  Mr Antolik is advised that at that hearing the issue of residential restrictions and/or monitoring can be addressed.
19. Mr Antolik will be released on 7 September 2020, the date has been set to allow for the provision of the signed consent from the occupant for electronic monitoring before he is released. The standard and special conditions imposed will continue until six months after his sentence and date.  The special conditions are:

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

(2) To attend, participate in and complete any programme/treatment/counselling as directed by a Probation Officer.

(3) 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.

(4) To reside at (withheld), and not move from that address or any other address approved in writing by a Probation Officer unless you have the prior written approval of a Probation Officer.

(5) Upon release from prison, to travel directly to (withheld) and await the arrival of a probation officer and a representative from the monitoring company.

(6) To submit to electronic monitoring as directed by a probation officer and comply with the requirements of partial residential restrictions daily, unless you have the prior written approval of a probation officer, or as permitted by section 33(4) of the Parole Act 2002.

(7) To submit to electronic monitoring as directed by a probation officer and comply with the requirements of partial residential restrictions.  To remain at your approved address between the hours of 08:00pm and 07:00am daily, unless you have the prior written approval of a probation officer, or as permitted by section 33(4) of the Parole Act 2002.

(8) Not to be involved in the handling of money, provision of advice or management of the financial accounts or transactions, of any person or entity, unless you have the prior written approval of a Probation Officer.

(9) You are not permitted to operate or purchase any business venture for the duration of your Parole, unless you have the prior written approval of a Probation Officer.

(10) Not to communicate or associate, directly or indirectly, with any person known to  you to associate with the Hells Angels unless you have the prior written approval of a Probation Officer.

(11) Not to engage in any employment or have any role in the affairs of any business, trust, company or other entity, unless you have the prior written approval of a Probation Officer.

(12) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in February 2021 at a time and place to be notified to you.

“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”