The judge overseeing a judicial review for Stewart Murray Wilson’s stringent parole conditions has dismissed both cases.
Justice Ronald Young has thrown out both the Whanganui District Council’s case against Wilson, Parole Board and Corrections, and the second being Wilson’s case against the Parole Board and Corrections.
He has recommended that Wilson’s lawyer, Andrew Mackenzie, request an urgent Parole Board hearing tomorrow to sort out issues regarding the reintegration programme.
Outside court, Mr Mackenzie told reporters that despite the dismissal he saw the judge’s ruling as a victory.
“It’s reassuring in one sense that the judge was able to at least make some direction to some integration.
“The condition to be followed by two people wherever you want to go is the most restrictive condition so winning on that point is a victory,” he says.
Judge: Corrections’ reintegration plan ‘very concerning, onerous’
This afternoon Justice Young questioned Corrections lawyers about plans for Wilson’s reintegration.
Wilson, dubbed the ‘Beast of Blenheim’, is set to be released from prison on Wednesday and 17 of New Zealand’s most stringent parole conditions have been put in place for his release.
They require Wilson to live in a house on Whanganui Prison property, be tracked by GPS and be flanked by two minders whenever he wants to leave.
Corrections say the two minders are there to help his integration into the community after being locked away for 18 years.
However Justice Young says the minders are more restrictive and act as a controlling mechanism rather than one to reintegrate him back into a functioning society.
He calls them “very concerning” and “onerous”.
“If he wants to go for a walk, he’s going to have two people with him – how is that integration?” he says.
“The whole tone of this...I just think it’s way out.
“It would surprise me if there were two people working 24 hours per day who could be called upon. That’s six full time prisoners per day, let alone the cost.”
Justice Young says Wilson has done his time in prison and has to be released but the option being proposed by Corrections is “getting very close” to being like prison.
Corrections lawyer Austin Powell says Wilson has no recent experience of functioning in a society.
“I cannot imagine a more difficult person to reintegrate into the community,” Mr Powell says.
Beast’s life ‘would be better in jail’
Mr Mackenzie claims Wilson would have more freedom in jail than under the 17 conditions imposed on him by the Parole Board.
He says Wilson’s life would be better in jail, because he could socialise with other inmates.
Justice Young heard from the Whanganui District Council’s lawyers this morning, who argue the conditions imposed on Wilson don’t go far enough.
One of the conditions in question is the GPS monitoring, which Mr Mackenzie calls “superfluous and over the top”.
“Why do you need it when he’s flanked with officers everywhere he goes,” he says. “He’s effectively in jail.”
“If it’s 3am and he wants to go down the shop to buy a bottle of L & P, he can’t if there’s no officers with him.”
But Justice Young questioned that argument.
“What if the GPS showed Wilson was outside, for example, a school or a place where there vulnerable women?
“Wouldn’t that be useful information to have?”
Wilson 'likely to reoffend'
Justice Young says it is right to assume Wilson is likely to reoffend, just as he would have done 20 or 30 years ago
“He hasn’t accepted that he’s done anything wrong...They’ve assessed him as high-risk and if given the chance to reoffend, he will. That’s the assessment,” he says.
The conditions are among the strictest ever imposed in New Zealand and require Wilson to live in a house on the grounds of Whanganui Prison, just outside the perimeter fence.
Wilson is not allowed to leave the house unless accompanied by parole officers, cannot leave the Whanganui District and will be constantly monitored by GPS.
The Council’s lawyer Hayden Wilson argues the Parole Board and Corrections didn’t undertake sufficient analysis of other locations where Wilson could be housed once released from prison.
He says it was a “legally flawed process” and there are other locations which are more remote and other prisons which have more staff to deal with Wilson if something goes wrong.
But Justice Young says there are only limited possibilities for Wilson’s parole and the Whanganui option is sufficient in many ways.
“It’s difficult to establish a more restrictive regime without actually putting him in prison,” he says. “The level to protect the public is extraordinary.”
“Is there one shred of evidence that he can go somewhere else? There are no other conditions that anyone has suggested to make the Whanganui community safer,” he says.
Whanganui was chosen by Corrections because it is one of few places where none of Wilson’s victims reside.
The special conditions are as follows:
- He cannot move addresses without approval
- The Parole Board will review his progress in three months
- When he leaves the property he must be accompanied by two people from his reintegration team
- He cannot leave the Whanganui District
- He cannot associate unsupervised with anyone under the age of 16
- No females can be at his home without prior approval
- He cannot have contact with victims
- He must attend sessions with a psychologist
- He must be part of a reintegration programme
- He cannot gain employment or be a volunteer
- He cannot have unsupervised use of the internet
- He can only be in clubs or churches if accompanied by a supervisor
- He cannot use alcohol or drugs
- He cannot own or drive a vehicle.
- His location will be monitored by GPS
- If he breaches conditions, prison officers from next door can intervene.
- He can be recalled to Prison if he shows an increased risk to the community.
3 News