New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Shaun Joseph KEENAN

Hearing: 2 June 2021

at Manawatu Prison

Members of the Board:

Ms M Coleman - Panel Convenor

Mr S.A.M. Perry

Mr A Spierling

Counsel:                                          

Ms R O’Hagan

Support Persons: (withheld)

In Attendance: (withheld) - Case Manager

(withheld) – Guided Release

(withheld) – Principal Corrections Officer

DECISION OF THE BOARD

1. Shaun Joseph Keenan, who is 59, appeared before the Board today for the first consideration of parole on a three-year eight-month sentence for six counts of forgery, 36 counts of theft by a person in a special relationship and four counts of obtaining by deception.  He was subject to a 50% minimum period of imprisonment.  Reparation of $75,000 was also ordered.
2. Mr Keenan’s statutory release date is 19 April 2023.
3. The primary victim of Mr Keenan’s offending was his local marae.  He misappropriated nearly $500,000 from the marae development fund.  Mr Keenan also misappropriated $24,000 from another entity.
4. Mr Keenan appealed the minimum period of imprisonment, including because of his remorse and his preparedness to undertake restorative justice.
5. On appeal, Churchman J pointed to the sentencing Judge’s acknowledgment that Mr Keenan was prepared to go to restorative justice.  However, he also pointed to the Judge’s comments that Mr Kennan had made and no effort to make any payment despite saying that he would and transferred his share of relationship property (withheld). These were factors which the Judge said impacted on the sincerity of his remorse and willingness to put matters right.  His Honour also noted the sentencing Judge’s characterisation of the financial arrangements as an attempt to minimise the opportunity for his creditors to regain any of their stolen money and that assets were transferred to hide them.  He also referred to the Judge’s view that the remorse was for the effect of his offending on himself and on his family.
6. Mr Keenan was not identified for any rehabilitation in prison.  An override for him to complete the MTP or the MIRP was declined.
7. Mr Keenan has spent his time wisely in prison.  Ms O'Hagan, who represented him at today's hearing, summed it up by saying that he has demonstrated a positive attitude and has shown he is able to reflect on his offending, that he is determined to better himself and to give back out to others and that this was evident in what he has done inside the prison.  That work has included assisting others to get the driver's licenses, working with the (withheld)  around literacy and numeracy as well as undertaking whatever programmes he can to deal with his financial literacy as well as working outside the wire.  In short, Ms O'Hagan described him as a model prisoner.  That description was reflected in the comments from a custodial perspective as well.
8. Mr Keenan said that he knows that he has hurt a lot of people and he wants to apologise to them and make matters right.  He spoke about having a number of facilitated hui where he would discuss his offending with members of his hapū and what he intended to do concretely to put matters right.  The Board notes that there was a signed agreement for a preparedness to repay $335,000.  Whether that agreement is still operative, following the reparation order of $75,000, is not clear, but no doubt it will be a matter that Mr Keenan will need to discuss at the proposed hui.  As Mr Keenan knows, it will be his actions that demonstrate the genuineness of his commitment to put matters right.
9. Mr Keenan says that now he wants to live a simple life and quiet life.  He no longer is seeking material things.  He has a job on release and he will also have strong support from (withheld) and other members of his family.  He has prepared a safety plan and has strategies to manage his high-risk situations.
10. With some reservation, the Board has decided to release Mr Keenan on parole.  He is promising there will be no repeat and that he will put matters right, but he has broken promises in the past.  For that reason, the Board is going to require him to appear at a hearing in February 2022 to discuss his progress on parole.
11. Mr Keenan will be released on 16 June 2021.  The standard and special conditions will run until his statutory release date.
12. The special conditions are as follows:

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

(2) 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.

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

(4) 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.

(5) Not to operate a credit card or apply for or accept any loan from any person or entity unless you have the prior written approval of a Probation Officer.

(6) Not to 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.

(7) To comply with any direction made under section 29B (2)(b) of the Parole Act 2002 to attend a hearing in February 2022 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.”