New Zealand Parole Board -

Conditions hearing

Under section 18(2) (SRD) of the Parole Act 2002

John-Boy RAKETE

Hearing: 31 August 2020

at Otago Correctional Facility via AVL from NZ Parole Board, Head Office Wellington

Members of the Board: Ms M More – Panel Convenor, Mr A Spierling, Mr M Quigg

In Attendance: (withheld)

DECISION OF THE BOARD

1. John-Boy Rakete is 26, he appears before the Board on a sentence of two years and two months for wounding with intent to cause GBH and common assault. The victim of Mr Rakete's offending was a stranger he encountered in the forecourt of a service station, he assaulted the stranger and then tried to prevent bystanders from giving aid. He poured a can of drink over the victim’s face as he lay unconscious.
2. The victim later died in Dunedin Hospital from his injuries.
3. Mr Rakete has a RoC*RoI of 0.57489, his statutory release date is 10 September 2020, he has 10 days remaining on his sentence.
4. Mr Rakete was last before the Parole Board on 13 August 2020. That Board focused on his release conditions, given the pending release date.
5. The Board has received a number of submissions from Mr Rakete’s victims, and supporters of the victims, opposing him being released into Dunedin.
6. The Board did not set Mr Rakete’s release conditions. They opted to give him the option of going to the address he was seeking to be released to, that of his (withheld) in [withheld], on full residential restrictions including electronic monitoring; in the alternate he was to reside outside Dunedin.
7. The Board is advised that Mr Rakete vacillated between the options proposed.
8. His Case Manager attempted to find accommodation outside of Dunedin, and a referral was made for supported accommodation in [withheld].  Mr Rakete declined that saying he did not want to live in shared accommodation.
9. Today we are advised that Mr Rakete [withheld] has consented to him residing at her address on full residential restrictions, electronically monitored, and Mr Rakete now consents to that.
10. Unfortunately technical feasibility tests relating to electronic monitoring have not yet been undertaken. The Board is therefore setting Mr Rakete's final release conditions, but offering alternate conditions, depending on the circumstances of his available accommodation.
11. Mr Rakete will be released on his sentence end date.  We are imposing a condition that if he is going to (withheld) home, subject to electronic monitoring being feasible, he will be subject to full residential restrictions for the duration of the conditions.
12. In the event that electronic monitoring is not feasible at [withheld] home, we are putting in a condition that Mr Rakete is to reside at an address approved outside Dunedin, and not to enter Dunedin as defined by a Probation Officer.
13. The special conditions are:

(1) Subject to Electronic Monitoring being feasible, to reside at [withheld] and not move from that address unless you have the prior written approval of a Probation Officer.

(2) If residing at [witheld] upon release from prison, to travel directly to [withheld] and await the arrival of a probation officer and a representative from the monitoring company.

(3) If residing at [withheld], to submit to electronic monitoring as directed by a probation officer and comply with the requirements of full 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.

(4) If it is not feasible to reside at [withheld], to reside at an address approved in writing by a Probation Officer outside Dunedin and not to leave that address without the prior written approval of a Probation Officer.

(5) In the event Mr Rakete is living outside of Dunedin, not to enter Dunedin as defined by a Probation Officer in writing.

(6) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(7) 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.

(8) 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.

(9) 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.

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

(11) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

(12) To attend a reintegration meeting as directed by a Probation Officer.

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