New Zealand Parole Board -

Progress hearing

Under section 29B(2)(b) of the Parole Act 2002

James Hay WALLACE

Hearing: 31 May 2024 at Mount Eden Community Corrections

Via MS Teams

Members of the Board:

Ms K Snook – Panel Convenor

Dr G Coyle

Mr A Spierling

Counsel: Mr David Jones KC

In Attendance:

[withheld] – Probation Officer

[withheld] – Service Manager

[withheld]

Media: 

Ms C Owen – Stuff

Ms C Hutton – NZ Herald

DECISION OF THE BOARD

1. The Board has conducted a hearing to monitor the progress on parole of James Hay Wallace, 86.  He is serving a sentence of two years and four months for three charges of indecent assault and two of attempting to pervert the course of justice.
2. Mr Wallace was released on parole on 11 December 2023 with standard and special conditions for six months beyond his statutory release date of 30 March 2025.  The conditions imposed by the Board included a number of special conditions tailored specifically to Mr Wallace to address his risk.  Mr Wallace continues to deny the offending and so some of the special conditions were to ensure that Mr Wallace did not have the opportunity to meet young men who might seek his help and support.  One of the conditions required Mr Wallace to attend a monitoring hearing.
3. In advance of the hearing we had a report from [withheld] who is Mr Wallace’s probation officer.  She attended the hearing today along with the service manager [withheld].  Mr Wallace’s lawyer Mr Jones KC also attended.  He had filed written submissions seeking some changes to the special conditions.  Some of Mr Wallace’s support people also attended.
4. The report for the monitoring hearing was finalised by [withheld] on 29 April 2024.  Mr Wallace is said to have demonstrated a high level of compliance and has communicated cooperatively with his probation officer.  There was a hui on 29 February 2024.  The visitor’s book has been used as stipulated by the special conditions.  There have been changes in relation to Mr Wallace’s supporters.  One support person has relocated and sadly [withheld], who was a key supporter, has passed away.
5. Mr Wallace’s good compliance on parole was noted.  We spent most of the hearing discussing the changes to the special conditions that had been sought by his lawyer.
6. Firstly, Mr Wallace asked for an amendment to the special condition that prevents him from drinking alcohol.  The submission in relation to that was that there are a number of safeguards in place to monitor visitors to the property.  Mr Wallace’s consumption of alcohol was incidental to the conduct that founded the charges. The Board agrees to make that change.
7. The second change that was sought was in relation to the special condition which precludes Mr Wallace from having contact with one of his co-offenders [withheld].  The submission from Mr Jones in support of that change was that [withheld] was not involved in any of the sexual offending.  However, it was accepted that [withheld] and Mr Wallace were convicted in relation to the charge of attempting to dissuade a witness.  That was the lead charge.  Mr Wallace described at the hearing today the support that he has had in the past from [withheld].  He is said to be a very good person for organising the running of the house.  However, there were comments made in [withheld] report which indicated some concerns about any contact by Mr Wallace with [withheld].
8. We note that the current special condition provides that Mr Wallace can have contact with [withheld] with the prior written approval of his probation officer.  We think that is the appropriate method for any contact to be facilitated. Any constraints on how that contact will be organised, and whether it would need to be supervised, is something that can be managed by Mr Wallace’s probation officer.  We decline to make any change to the current special condition as it applies to Mr Wallace's contact with [withheld].
9. The third change that was sought was a clarification in relation to whether Mr Wallace is able to have written permission to be away from [withheld] overnight.  It seems clear to the Board that the special condition was intended to require Mr Wallace to stay at the property every night.  This is supported by what the Board said in paragraph 9 of its written decision granting parole to Mr Wallace.
10. However, Mr Wallace has been granted one written approval to stay in Christchurch when flights did not work as arranged.  [withheld] said today that Community Corrections would have no issue with the condition being amended so that it is clear that Mr Wallace can obtain the prior written approval of his probation officer to be away from the address overnight.  Appropriate safety planning work would be undertaken before such permission would be given.  We agreed to make the change sought to make it clear that Mr Wallace can obtain the prior written approval of his probation officer to be absent from [withheld] overnight.
11. The fourth change is that there needs to be an amendment to the supporters listed in the special condition who are able to approve visitors to [withheld].  We will delete the three names currently in that special condition and replace them with {withheld] and [withheld].  They were present at the hearing today.  They appear to be appropriate people to support Mr Wallace in the way envisaged by the special condition.
12. We do not think we need to see Mr Wallace again for a further monitoring hearing.  His risk can be managed by his probation officer and Community Corrections.
13. Mr Wallace remains on parole on the standard conditions and on the special conditions as amended today.  Those conditions remain in place for six months following Mr Wallace’s statutory release date of 30 March 2025.
14. The special conditions are:

(1) To reside and remain at the address of [withheld] in Auckland, and not be absent overnight or move from that address unless you have the prior written approval of a Probation Officer.

(2) Not to allow any visitor to [withheld] other than those visitors approved by one of the two people, namely, [withheld]. To keep and make available a log of any visitors noting their name and date of visit and to make that log available for inspection by Community Probation.

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

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

(5) 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.

(6) 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.

(7) Not to communicate or associate with your co-offenders [withheld] directly or indirectly, unless you have the prior written approval of a Probation Officer.

(8) To attend a reintegration meeting or Whānau Hui as directed by a Probation Officer.