New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Edward ANAND

Hearing: 4 December 2023

at Manawatu Prison

Members of the Board:

Ms K Snook – Panel Convenor

Dr G Coyle

Ms K Coutts

Counsel:  Ms J Fyfe-Doherty

In Attendance:  [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Edward Anand, 75, appeared for the further consideration of parole.  He is serving a sentence of 13 years’ imprisonment for extensive sexual offending against eight complainants.  This is his only offending of relevance.  The offending occurred in a period from 1980 to 1986.  Mr Anand took the matter to trial and was sentenced on 4 May 2016.
2. Mr Anand is on a minimum prison security classification and has a statutory release date of 4 March 2029.
3. Mr Anand saw the Board last on 29 September 2023.  Mr Anand continues to deny that he committed the offending.  He has completed the Deniers Programme.  As noted by the last Board, that programme is intended to provide a stepping zone for offenders into safety planning. There have been some issues noted in the past with his behaviour, but Mr Anand was said to be well-behaved at his current prison.  The psychologist in the report noted that at times Mr Anand can be dismissive and arrogant.  The last Board’s main focus was on a concern that Mr Anand did not know his safety plan very well.  It scheduled him to be seen again today so that the release proposal to [withheld] accommodation in [withheld] could remain on the table.
4. In advance of the hearing, we had written submissions from Ms Fyfe.  She spoke to those today.  Mr Anand was seeking parole at the confirmed address in [withheld].  It remains available for Mr Anand and is available from 15 January 2024.  Mr Anand has spent time looking over his safety plan.  We have a copy on the file.  The hope had been that there would be more reintegration activities offered to him, but the guided release person has left his current prison, so that has not been possible.
5. Mr Anand has had three guided releases in the past, including to a reintegration hui.  He has visited the property where he is going to be released.  He hopes to get some employment in the [withheld] industry where he has some experience.  The submission ultimately was that with the good accommodation available to Mr Anand, and his strong support, he will not pose an undue risk to the safety of the community.  He has demonstrated he can stick to the rules and will comply with all of the conditions proposed.
6. We spoke to Mr Anand.  He was able to talk about some key high-risk situations.  Of course, the main one is that he must not have unaccompanied contact with any person under the age of 16.   He knows that he needs to avoid locations where young people may be.  Special conditions will support that.  He also knows he will be subject to the Child Sex Offender Register.  He will talk to his supporters and his probation officer if issues arise.  He said he also needs to look at how he relates to others and knows that it will be difficult to reintegrate back into the community as a child sex offender.
7. Mr Anand is pursuing a case at the Criminal Cases Review Commission and apparently that is in its last phases.  He has family support but knows he can only have contact with [withheld] with prior approval or with an approved adult present.
8. As soon as he is released Mr Anand said he is going to look for long term accommodation.  He has approached [withheld] about that.
9. We are satisfied that on appropriate conditions Mr Anand will not be an undue risk to the safety of the community if released on parole.  This was very serious offending.  However, it did occur in a period from 1980 to 1986.  There is no other recorded offending of a similar kind on Mr Anand’s history.  He has completed the Deniers Programme and does have a safety plan and good support.  He is assessed as at low risk of re‑offending by the psychologist.  On appropriate conditions the risk that remains can be suitably mitigated.
10. Mr Anand will be released on parole on 15 January 2024.  He will be released on the standard conditions and on the special conditions as set out below.  We have amended those.  We do not think it is necessary to impose a partial residential restrictions curfew that is monitored electronically.  We also do not think it is necessary for there to be a monitoring hearing in Mr Anand’s case.
11. All conditions are in place for two years following Mr Anand’s release date, apart from the standard conditions which will apply until his statutory release date.  In addition, the special condition that he is not to have contact, or otherwise associate with a person under the age of 16, will also apply until Mr Anand’s statutory release date of 4 March 2029.
12. The special conditions are:

(1) To reside at [withheld], Wellington or any other 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) Upon release from prison, to travel directly to [withheld], Wellington and await the arrival of a Probation Officer and a representative from the monitoring company.

(3) To comply with the requirements of electronic monitoring and provide access to the specified residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.

(4) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(5) Not to enter the South Island as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(6) Not to enter or loiter near any school, early childhood education centre, park, library, swimming pool, other recreational facility, church, or other area specified in writing by a Probation Officer, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

(7) To attend a psychological assessment and attend, participate in and complete any recommended treatment as 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.

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

(10) 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.

(11) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

(12) Not to have contact or otherwise associate, with any victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.

Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.