New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Daniel Clinton FITZGERALD

Hearing: 26 August 2021

at Rimutaka Prison by Teleconference from

New Zealand Parole Board, Wellington

Members of the Board: Ms M More (Panel Convenor)

Mr A Spierling

Counsel:                                        Mr K Preston

In Attendance: (withheld) (Case Manager)

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 a Panel Convenor and one Board member.  All of the usual material has been considered and there has been a Teleconference discussion involving the panel, the offender, counsel and the case manager.
2. Daniel Clinton Fitzgerald is 48, he makes his fourth appearance before the Board on a sentence of seven years for indecent assault and common assault.  The victims are two strangers he came across on the street, he attempted to kiss one and when another intervened, he marched her backwards until she was up against a shop window.
3. Mr Fitzgerald has 11 pages of varied offending history including but not limited to; violence, indecent assault, drug related, disorderly behaviour, breaches of liquor ban and bail, property related and other offending.
4. Mr Fitzgerald has a ROC*ROI of .68279 and an (withheld).  He has two years four months remaining on his sentence, his classification is low/medium.
5. Mr Fitzgerald has positive file notes, he is well behaved, and he does not get into trouble.  His PCO said he is compliant and polite.
6. Mr Fitzgerald has been having individual psychological counselling by way of rehabilitation.  He has an outstanding appeal.
7. Mr Fitzgerald was represented by counsel Mr Preston who accepted that his client does not have a robust release proposal.  When he was last before the Board in March 2021 a (withheld) assessment and a (withheld) was requested.  We have the (withheld) which said that he needs to engage with support and planning opportunities, he needs stable housing and to gain full employment.
8. Without an approved address and a release proposal, Mr Fitzgerald’s risk remains undue, parole is declined.  His Case Manager (withheld) said that at the moment there is no accommodation available for him, he has had two multi-disciplinary team huis and a third is planned once the COVID-19 lockdown is over.
9. (withheld) said that the (withheld) has been completed, however the psychologist declined to release it to the Board.  (withheld) is going to follow that up, however the Board is asking for an explanation as to why the last Board requested the (withheld), it has been completed, but not made available for our consideration.
10. Mr Fitzgerald will be seen again in six months, that is February 2022.  Mr Preston is no doubt aware of the provisions of section 26 of the Parole Act 2002, should suitable accommodation become available earlier then Mr Fitzgerald is entitled to make an application for an earlier hearing.