New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Wayne Michael MCGRATH

Hearing: 18 March 2020

at Rimutaka Prison

Members of the Board:

• Ms M More – Panel Convenor
• Dr G Coyle
• Mr J Thomson

DECISION OF THE BOARD

1. Wayne Michael McGrath is 53, he is scheduled to appear before the Parole Board on a sentence of five years and four months for rape of a woman 12 to 16. The victim stayed over at his house with a friend, he carried her into the bedroom and raped her.  He has consistently denied the offending.
2. Mr McGrath has considerable offending which includes non-compliance, alcohol-related, cannabis-related, violence, burglary, fraud and other property-related offending.
3. Mr McGrath was last scheduled to appear before the Board on 17 September 2019, he waived that appearance.  He told the Board that he will not comply with any special conditions imposed and said he wants to serve his full sentence.  That Board noted that Mr McGrath is not to be assessed for an extended supervision order.
4. Mr McGrath has once again waived his right to appear before the Board.  With a RoC*Rol of .51991, a statutory release date of 13 May 2020, and two months remaining on his sentence; the Board is taking this opportunity to set his release conditions.  In waiving his right to appear, Mr McGrath has waived his right to have input into the conditions.
5. Mr McGrath’s reason for waiving his right to appear is that he is not interested in going to a “Kangaroo Court”.  He also provided the Board with a letter in which he objected to a number of processes that have been before the Board and the courts, and general injustices about his time since conviction.
6. Mr McGrath’s victim made an appointment to talk with Board earlier this week, the Board was available but she declined to keep the appointment.
7. Mr McGrath has done nothing during his time in prison to address the causes of his offending, as such his release is undue and parole is declined.
8. Mr McGrath will be released on his sentence end date, the proposed standard and special will continue until six months after his release, the special conditions are:

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

   (2) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

   (3) 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.

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

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

   (6) 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

   (7) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

   (8) 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.