Kasinga FILIVAO 21/11/2024

Parole Hearing

Under section 21(2) of the Parole Act 2002

Kasinga FILIVAO

Hearing: 21 November 2024

at Spring Hill Corrections Facility via MS Teams

Members of the Board:

Judge M A Crosbie – Panel Convenor

Sir Ron Young

Ms M Dodd

Counsel: Mr Ben Hoffman on behalf of Ms Regena Sommers

In Attendance: [withheld] - Case Manager

Support Persons: [withheld] - Interpreter

DECISION OF THE BOARD

  1. Mr Filivao appeared today for consideration of early release on parole.
  2. He is serving a sentence of 13 years in length for wounding with intent to cause grievous bodily harm and assault with intent to injure.  That occurred in the context of a domestic relationship.
  3. Mr Filivao’s sentence commenced on 2 September 2016 and his parole eligibility date was 20 September 2023.  His statutory release date is 19 July 2029.
  4. Mr Filivao is subject to a deportation order.  It is a given that whenever parole is granted that he will be deported back to Tonga.
  5. His submission today was for immediate release and, therefore, deportation back to Tonga, notwithstanding that he is partway through one‑on‑one psychological counselling sessions.
  6. Despite the fact that he will be deported, the Board’s role in making an assessment of risk that takes into account the safety of the community extends beyond the shores of New Zealand.  It has been held by the senior courts on numerous occasions that “community” extends to our pacific neighbours.  In this regard, great store is placed by the Board in the content of the parole report, including plans for Mr Filivao upon his release.
  7. The Board has a brief report from a Department of Corrections psychologist, dated 11 September 2024.  That report notes that Mr Filivao is undertaking the Saili Matagi Programme.  Indeed, he graduated that programme early this week.  He will shortly be involved in some maintenance.
  8. Further, he is privately undergoing psychological treatment – [withheld].  In that regard, the Board is advised that he is programmed for some 25 sessions.  Mr Filivao advised that, as at today’s date, he has completed about 10.  So some 15 sessions remain.  The Board notes that the treating psychologist was to attend today, but that did not eventuate.  There is no reason to believe that the psychological counselling is not still occurring.
  9. The advice to the Board from the Department of Corrections psychologist is that Psychological Services would be able to provide the Board with a psychological report for an April 2025 hearing if requested.  This would ensure that the Board receives an assessment that adequately assesses risk and treatment progress.  Preparation of the report should include the use of an interpreter if Mr Filivao consents to that.
  10. A report will also assess his release plan.  In this regard, work needs to be done by the Department of Corrections to contact Mr Filivao’s proposed support in Tonga, [withheld].
  11. That psychological addendum contains several astute observations.  The Board has concerns about the adequacy of the current safety plan and would go as far as saying that it is completely inadequate, as it does not go anywhere near approaching what Mr Filivao needs to do to reduce the risk of his offending in the future.  The recommendation for a full report also underscored that this is very, very serious domestic violence offending and that Mr Filivao, untreated, poses an undue risk to safety of the community.
  12. It is the Board’s view that, despite his positive progress within the prison environment, Mr Filivao’s risk at this time remains undue at least until such time as the Board has had an opportunity to consider a full psychological assessment, which will contain all of the material suggested by the Department of Corrections psychologist, including the outcomes of one-to-one treatment.  In that regard, the Board would appreciate advice from the Department of Corrections as to whether, in its assessment, treatment has been adequate or whether such further treatment, including on a one-on-one basis, is necessary.
  13. In order to facilitate the completion of one-on-one psychological counselling and the timely provision of advice from the Department of Corrections psychological services, the Board will list Mr Filivao to be seen in May 2025 and no later than the 30th of that month.
  14. It follows that at this time the Board cannot be satisfied that Mr Filivao does not pose an undue risk to the safety of the community and declines his release on parole.

Judge M A Crosbie

Panel Convenor