Application for recall

Under section 60(1) of the Parole Act 2002

between

(withheld)

Delegate for The Chief Executive of the Department of Corrections

Applicant and

Timothy David Taylor

Respondent

Hearing:                                            6 January 2022

at Christchurch Men’s Prison by videoconference

Members of the Board:                    Alan Ritchie – Panel Convenor

Ms M Coleman

Mr A Hackney

Counsel:                                            Mr Counsel: P Hall for Respondent,  Ms P Currie for Applicant

In Attendance:                                  (withheld) – Probation Officer

Observer:                                         [withheld]– Media Representative

DECISION OF THE BOARD

1. The Board has considered an application for Timothy David Taylor, 51, to be recalled from parole to prison to continue serving his life sentence for murder committed in 2000. The victim was a young female hitchhiker. Mr Taylor has denied that offending which has been described as savage and brutal.
2. Aside from the murder, there is a long history of violence, including rape, supplying drugs, aggravated robbery and kidnapping.

3. Mr Taylor was released on 7 April 2021 to the (withheld) with standard conditions for life. Special conditions were also imposed for life subject to the possibility of variation, including a monitoring hearing.
4. At a monitoring hearing on 14 October 2021 the Board noted positive progress at the (withheld). It directed a further monitoring hearing in March 2021. It also noted an application for a variation of a condition relating to whereabouts.
5. On 2 December 2021 the Board considered the variation application but decided to adjourn that matter until the end of January 2021. In doing that the Board noted the views of victims which were that there was no objection to expansion of the exclusion border in the south to the Rakaia River, but objection to the expansion to the north to the Hurunui River. Mr Taylor’s counsel has suggested an adjustment to that, and the adjournment ensued with Mr Taylor being advised of the Board’s view that the victims’ reaction to the application was understandable.
6. This application has been made on behalf of the Chief Executive on 10 December 2021 by (withheld), on the grounds of undue risk to community safety and breach of release conditions.
7. The application was supported by Probation Officer (withheld) who has attended this hearing for the Department, along with counsel, Mrs Currie.
8. Mr Hall has represented Mr Taylor.
9. In her affidavit in support (withheld) has deposed to Mr Taylor’s progress at the (withheld), including gaining employment. Of concern, however, was that on the first weekend that he had been approved to travel by himself to and from approved outings he had deviated. Deviations occurred on 13 occasions with the assumed purpose of seeking the services of a prostitute. In addition, (withheld) said that based on the context of Mr Taylor's violent and sexual offending there was concern that his risk had become undue given the nature of the deviations to the red light district to seek prostitution services. He is said to have sought the services of one prostitute and he admitted attending the location regularly seeking this person. He would take the prostitute to another location nearby to fulfil his physical sexual needs.
10. (withheld) said that previously identified dynamic risk factors for further sexual offending included indications of sexual preoccupation and poor problem-solving skills. (withheld) added that despite Mr Taylor being subject to GPS monitoring and having been engaged in an intensive reintegration program he had quickly engage in risky behaviour when the opportunity presented. He had shown disregard for the rules of the (withheld).
11. By memorandum of 24 December 2021, (withheld) has provided an outline of the 13 deviations and has referred to CCTV footage as providing support to her concern. The Board has not seen it as necessary to view that footage. In that memorandum (withheld) has noted that on 2, 6 and 7 December 2021 instead of being at work Mr Taylor was at other locations and he had failed to notify the (withheld).
12. Mr Taylor's explanation for the deviations to Manchester Street was that he used the services of the same prostitute on two occasions in the red-light district of Christchurch. The CCTV footage was said by (withheld) to show Mr Taylor engaged with women on Manchester Street on 10 occasions. It also appeared to be at least two different women.
13. (withheld) said that with Mr Taylor having deviated on approved outings when he had been given more independence raised doubts about his intrinsic motivation to abide by the (withheld) rules. The lack of communication by Mr Taylor with the (withheld) or his probation officer was of particular concern.
14. In her oral submissions to us Mrs Currie did note that Mr Taylor did have an address to propose. That, however, had not yet been checked, but Mrs Currie urged the Board to find risk to community safety undue and to make a final order for recall.
15. In Mr Hall's submissions, Mr Taylor accepted the breach of the (withheld) rules and he acknowledged that, at least initially, he had not been upfront about it. Mr Hall also said that Mr Taylor accepted that he needed more work with a psychologist.
16. There was some positive indication of employment being available to Mr Taylor.
17. We discussed the options. One could have been an adjournment of this hearing for the consideration of the accommodation proposal. On our assessment of all of the information in front of us, however, we are in no doubt that a risk to community safety is undue and we are making a final recall order.
18. We certainly believe that there is a need for updating advice from a psychologist that will take four months according to usual timeframes. Mr Taylor will be scheduled to be seen in May 2022.
19. We record that a media representative was at this hearing. We are in agreement with the Department that the identity of the (withheld) should be protected. We note that when this was suggested the media representative nodded his head.
20. No assurances can be offered about the outcome of the next hearing, but we do hope that some consideration will be given to the prospect of Mr Taylor returning to the (withheld) if at all possible.