Graham John PHILIP 16/12/2024

Parole Hearing

Under section 21(2) of the Parole Act 2002

and

Conditions Hearing

Under section 18(2) (SRD) of the Parole Act 2002

Graham John PHILIP

Hearing: 16 December 2024

On the papers

Members of the Board:

Ms S Bailey – Panel Convenor

Mr L Tawera

Ms C Tuimalu

DECISION OF THE BOARD

  1. Graham Philip is due to appear for a further consideration of parole or the setting of his release conditions. Mr Philip has presented a waiver to the Board stating that the Board see him as a diminished responsibility and he did not wish to attend. He understands that his release date is very close and release conditions will be set today.
  2. Mr Philip is serving a sentence of three years and one month imprisonment after convictions for sabotage (x7) were entered and also entering onto agricultural land with intent to commit a crime. His offending resulted in damage of a Transpower infrastructure, which resulted in costing the company $1.25 million.
  3. Since Mr Philip's imprisonment it has become apparent that he has a mistrust of authority, which includes the New Zealand Parole Board. He has been reluctant to admit that he has caused harm and there are victims involved.
  4. Mr Philip does not have a sentence plan but was listed to undertake a psychological assessment. Mr Philip was given the opportunity, but refused, to engage with the psychologist and therefore a report was prepared without his input. Mr Philip has not read the report. The psychologist noted that he has a strong dislike and distrust of Government agencies and associated professionals. There has been no rehabilitation and no safety plan oversight. The psychologist recommended individual psychological sessions.  However, there were significant responsivity barriers and those sessions ceased after only two sessions had taken place, there is no safety plan prepared.
  5. The PAR writer gave Mr Philip an opportunity to pass on information to the Board if he wished to do so but he declined the offer. The PAR is a mixed report, noting that there has been “an ongoing resistance to staff directives." Several examples were given within the report. The report writer also noted that Mr Philip is argumentative at times.
  6. Mr Philip was last seen before a Board during June 2024. That Board also noted that Mr Philip had not read his psychological report and he remained distrusting of authority.  Mr Philip at that time asked if he could engage a private psychologist and the Board advised him he could. This has not been done. The June Board also noted there were deficiencies in his safety planning and essentially there was no progress since his earlier hearing. That Board expressed continued concerns about his risk.
  7. Parole today is declined. Mr Philips remains an undue risk for the reasons given.
  8. There is no input from Mr Philip today and the Board will set his release conditions.  [withheld]. This Board has given very careful consideration to the proposed conditions. Due to a number of factors the Board believe that most of the conditions should remain. Mr Philip's own expressions of distrust in authority and associated professionals raises concerns for the Board. His non-cooperation with preparing reports and undertaking psychological sessions to prepare a safety plan is also of concern. The Board have real difficulty in assessing Mr Philip's risk at this time because of those matters and it is considered appropriate that he receives the monitoring the conditions will allow to ensure his risk can be managed in the community.
  9. The only condition which will be removed is the inclusion zone not to leave the Taupō District. There will be electronic monitoring for Mr Philip, however, to comply with another condition, which is not to be found within 50 metres from Transpower properties. All other conditions will remain and will remain for six months past his statutory release date, which is 8 January 2025.
  10. Mr Philip will be released on 8 January 2025, which is his release date subject to the conditions as outlined.
  11. The Standard and Special Conditions are imposed until six months past his SRD.

(1) To reside at [withheld – Taupō District], 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) Not to be found within 50 meters from Transpower properties, nor any other infrastructure facility/equipment/installation as defined by a Probation Officer unless you are under the direct supervision of an adult approved in writing by a Probation Officer, or unless you have the prior written approval of a Probation Officer.

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

(4) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electric monitoring equipment as directed by a Probation Officer.

(5) Not to use or possess any device capable of accessing the internet unless it is a specific device approved by a Probation Officer and you are under the direct supervision of an adult approved in writing by a Probation Officer, or unless you have the prior written approval of a Probation Officer

(6) Upon request, to make available to a Probation Officer, or his or her agent (New Zealand Police), any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

(7) Upon request, to surrender to a Probation Officer any electronic device capable of accessing the internet that is used by you or is in your possession or control (including any pin numbers or passwords necessary to allow access); for the purpose of monitoring your use of the device and/or cloning the device or the material contained on it (excluding any legally privileged material), by the Police or another relevant agency.

(8) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

(9) To attend a reintegration meeting as directed by a Probation Officer.

(10) 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.

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

Ms S Bailey

Panel Convenor