New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Edward ANAND  

Hearing: 22 March 2023

at Tongariro Prison via MS Teams

Members of the Board:

Judge G F Ellis – Panel Convenor

Mr L Tawera

Ms M Dodd

Counsel: Ms J Fyfe

In Attendance: [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Edward Anand, now aged 74, is serving a sentence of 13 years’ imprisonment for serious sexual offending including rapes of female children aged 10 to 15.  The background is as noted in the Board's decision of 29 June 2022 except that it is fair to note that Mr Anand resigned from his employment when informed of the first complaint.
2. Mr Anand was last before the Board on 29 June 2022.  He did not have an approved address.  He had been declined by [withheld] and an application was before [withheld].  He was encouraged to consider a move to Rimutaka Prison to undertake any reintegration activity that was offered in the area closer to his proposed release and to develop a release proposal.
3. The Parole Assessment Report now before us confirms that Mr Anand has completed his rehabilitation pathway and no further rehabilitation is recommended in the prison.  He is working on implementing his learning from the Te Anga Whakamua programme and on securing accommodation.  A referral has been made to [withheld] and needs assessments have been indicated.
4. A transfer to Rimutaka has been declined on the basis that no suitable units were available.  The attending Case Manager told us that three referrals have been declined so far but Case Management are continuing to keep putting referrals in.  In the meantime, work is progressing with referrals to [withheld] with a view to transition thereafter to [withheld], and the Case Manager explained the necessity of co-ordinating both agencies to ensure long-term accommodation for Mr Anand.  While he is waiting on this process, he will be provided with such reintegration activity as may be available.
5. The Board does still encourage his move to Rimutaka for the purpose of facilitating guided releases in that community and the development of his release proposal there.   At the same time we need to make it clear that, if a transfer continues to be a declined, that should not be held against Mr Anand who is clearly prepared to undertake, or to co‑operate with such a transfer and to undertake whatever reintegrative opportunities are made available to him whether at Tongariro or elsewhere.
6. Mr Anand was represented by counsel. Ms Judith Fyfe provided a written submission and she spoke briefly to that.  Ms Fyfe acknowledged that, until Mr Anand has been transferred or otherwise provided with reintegration activity, there is still work to be done, and in the absence as yet of approved accommodation it was not anticipated that parole would be available.  Counsel was seeking a return to the Board for Mr Anand in six months’ time.
7. Mr Anand continues to receive mixed reports on his presentation and conduct in the prison.  The Parole Assessment Report notes that there is some evidence of confrontational and challenging behaviour.  Mr Anand was not happy with the fact that such a report had been prepared without consultation with him, and for that reason he had declined to sign the report.  Mr Anand emphasised that there were many instances of positive and good behaviour and that he did not consider that there was adequate balance in the report.
8. The attending PCO said that his general compliance was acceptable and the PCO personally had found him to be consistently polite and compliant.  He was working as a cleaner and his work was satisfactory  The PCO did, however note that there were some indications that Mr Anand does not take negative feedback well.
9. Overall, the Board accepts that Mr Anand has completed his rehabilitative journey and he has now for some time been on a reintegrative path.  The Board understands his frustration at not being able to advance towards release as promptly as he and his supporters would wish.  Mr Anand does have very positive support in the community and that was again confirmed today by the attendance of supporters represented by [withheld], both of whom spoke briefly to the Board in his support.
10. For the present, and in the absence of an approved release address, Mr Anand still poses an undue risk and parole is not offered.  The Board will see him again in six months as requested by counsel, a date to be set before the end of September 2023.
11. If the matter of a release address can be advanced sooner than Mr Anand will be advised that he may seek an earlier return under section 26.