Parole Hearing

Under section 21(1) of the Parole Act 2002

Akustino TAE

Hearing:                                            18 August 2021

at Auckland South Corrections Facility via teleconference

Members of the Board:                    Judge Lovell- Smith

Counsel:                                            Ms L Smith

DECISION OF THE BOARD

1. This decision has been issued following consideration of parole in accordance with the provisions of an epidemic management notice issued by the Government on 30 March 2020 and in accordance with section 13A of the Parole Act 2002. There has been a hearing conducted by Judge J Lovell-Smith, Panel Convenor. All of the usual material has been considered and there has been a Teleconference discussion involving the Board, the offender, Counsel and the Principal Corrections Officer.
2. Akustino Tae, aged 41, was sentenced to seven years imprisonment for wounding – intent to do grievous bodily harm involving a firearm. His sentence commencement date was 26 May 2020, with a Parole Eligibility date of 26 August 2021, and a statutory release date/ sentence end date of 25 April 2026. He has a RoC*Rol of .54103 and his security classification is low.
3. Mr Tae, at the time of the offending was a Sergeant at arms of the Tribesmen motorcycle gang and the victim, [withheld] is the [withheld] of the Killer Beez gang. Mr Tae pleaded guilty to one charge of wounding with intent to cause grievous bodily harm to [withheld] on 26 April 2019. Tensions had developed between the two gangs after [withheld] was released from prison in October 2018. [Withheld], on the afternoon of Friday 26 April 2019, was at the Auckland Harley-Davidson dealership. Mr Tae arrived and stood in the service area. When [withheld] returned on a motorbike, Mr Tae recognised [withheld], moved towards the service entrance and produced a black, semi-automatic 9mm pistol from his pocket.    When [withheld] had stopped outside the entrance on his motorbike, Mr Tae fired one shot at him which travelled through his left arm into his side and became lodged in the spinal canal.
4. [withheld] fell to the ground and his motorbike landed on top of him. Mr Tae then moved toward [withheld] and pulled the trigger twice more, but the pistol failed to fire. Mr Tae then stood over [withheld] and pointed the pistol at his head when he pulled the trigger again but the pistol did not fire as there were no remaining bullets in it. Mr Tae then left the scene. [Withheld] is now [withheld] and will require [withheld]. Within an hour of the shooting, Mr Tae notified the police through his counsel that he would be handing himself in. He did so later that evening and handed over the pistol used in the incident as the police requested.
5. Mr Tae was initially placed on direct segregation and placed in the management unit until 6 July 2021. He was then placed on mainstream and has progressed to [withheld]. Mr Tae has not incurred any misconduct charges, nor has he featured in any behavioural related report reflecting his overall compliance. Mr Tae was initially high security, but he has now successfully reduced his classification to low. He was waitlisted for individual treatment initially but as he is now in the mainstream unit, he is waitlisted for the Medium Intensity Rehabilitation Programme (MIRP).
6. Mr Tae has been receiving individual treatment on an adapted MIRP privately with [withheld] and has worked well, according to [withheld].
7. Case Management notes that Mr Tae has now been waitlisted to Saili Matagi instead of the Medium Intensity Rehabilitation Programme. He is currently being reviewed for the Pacific Focus unit at Springhill Corrections Facility associated with the Saili Matagi Programme. Mr Tae is motivated to complete this programme. It is also recommended that he continue with his private psychological treatment prior to his release.
8. Unfortunately, [withheld]’s report has not made its way to the Board, as it was only sent yesterday. After discussions with Mr Tae and his counsel, Ms Smith, there may be an issue now, as to whether Mr Tae should also be required to attend and complete the Saili Matagi Programme which may have been addressed in [withheld]’s report. Case Management may need to make that assessment, possibly with the assistance of the Departmental psychologist.
9. For these reasons parole is declined. Mr Tae is untreated and his risk is undue. Mr Tae will be seen again by the Board in November 2021 and no later than 30 November 2021. [withheld]’s report will be before the Board. In the meantime, Mr Tae is urged to progress to the Pacific Focus Unit and the Saili Matagi Programme if it is offered to him. All options are open to the next Board.