New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Lipine SILA

Hearing: 28 May 2024

at Otago Corrections Facility via MS Teams

Members of the Board:

Sir Ron Young – Chairperson

Prof P Brinded

Mr S Perry

Counsel: Mr K Cook

In Attendance: [withheld] - Case Manager

[withheld] - Interpreter

Media: Ms A Leask – NZ Herald

Mr S Sherwood - Stuff

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr Sila who is 39 years of age was sentenced to life imprisonment in 2008 for two charges of murder and eight charges of wounding with intent to cause grievous bodily harm.  Subsequently, he was convicted of two charges of assault in 2010 while he was in prison.
2. This was his first time before the Board having completed his 17-year minimum non-parole period.
3. Prior to the Board hearing, we saw a number of his victims.
4. As far as the facts are concerned, this is only intended to be the briefest summary. We understand Mr Sila was at a party.  He had consumed alcohol.  A number of fights occurred between Mr Sila’s brother and another male.  Mr Sila was involved and at some stage he seems to have been hit with a glass bottle on the side of his head which caused him to bleed.  When the fight ended, he got into his car, and he then drove the vehicle under significant acceleration into a group of bystanders.  Many people were struck by the vehicle. There were multiple injuries to many people.  Two young people were killed.  Mr Sila then drove off to his home address.  There were other incidents with other vehicles as he drove home.  He had a positive breath test although he denied he was intoxicated at the time of the offending. He said he was angry and overwhelmed after having been hit on the head with a bottle.
5. As to the current position, Mr Sila has not made much progress with regard to his rehabilitation.  Indeed, he has not effectively started any form of rehabilitation.
6. [withheld]. He has previous convictions involving some violence.  From time to time, he would binge drink. He had been involved in the periphery of some gangs.  He had joined the Bloods in 2006 although subsequently left. He was also involved in gang violence.  [withheld].
7. Although he has reasonable English, during the course of the hearing today, we had an interpreter present who was able to interpret questions that Mr Sila struggled with.
8. Over the years in prison, he has incurred over 30 misconducts, many directed at other prisoners, some for assault and other violence within the prison.  Most recently in February 2024 he assaulted a prison officer.  [withheld].  He has also had periods when relatively settled, but then a burst of violence [withheld]. He has undertaken the High Risk Personality Programme on two occasions.  That programme is focused on trying to address personality issues which have meant he struggles in prison to behave appropriately.  Unfortunately, despite completing that programme recently he assaulted a prison officer and is back on a high security classification.
9. [withheld]. He has now started, as the alternative, one on one sessions with a psychologist.  Those sessions are intended to try and improve his behaviour, although at the moment that has been interrupted because of his assault and the transfer to Otago Correctional Facility. We understand that rehabilitation work has recently resumed.
10. The way forward for him therefore will be as follows:

(1) To continue with the work with a psychologist to try and improve his in-prison behaviour and reduce his security classification.  That will take some considerable time given that we are now in the position that after 17 years in prison he is back on high security classification because of his violent offending in prison.

(2) Once that work is completed and he has had a significant period of time on settled behaviour, his one-on-one work relating to his risk and his rehabilitation can begin.  That again is likely to take a considerable period of time given the very high level of seriousness of his offending.

(3) After the successful completion of that work there may need to be some form of reintegrative testing within the prison.  We say “some form” because at the end of his sentence when we are satisfied he is no longer an undue risk, he will be deported to Samoa.  He will not be able to live in New Zealand and therefore will not be able to have any kind of releases into the community or release to work.

(4) When the release to Samoa is considered, we will need to take into account the difficult position that we cannot impose any release conditions and so the level of confidence that we will need to have that he is no longer a risk will be high.

11. And so, we will see him again by the end of May 2026 (before the 28^th of that month) with the hope he has progressed on the significant further work he needs to do.  In the meantime, for the reasons given he is an undue risk.