From: http://www.paroleboard.govt.nz/media-and-publications/decisions/capill—graham-john—240608.html

                                              CAPILL - Graham John - 24/06/08

                                                          Parole hearing

                                Under Section 21(1) of the Parole Act 2002

Graham John Capill

Hearing: 24 June 2008 At (Withheld) Prison
Members of the Board:
Judge J Macdonald
Ms S Gill
Mr R Wilson
Counsel: (Withheld)

DECISION OF THE BOARD

Mr Graham Capill, you are serving a sentence of nine years’ imprisonment for sexual offending against (details of victims automatically suppressed). That sentence commenced in July 2005. You will become eligible for parole on 28 June 2008. Your statutory release date is not until 27 June 2014. These represent your first convictions. I would record at the outset that you are supported at this hearing by (names withheld). You are represented by (Counsel’s Name Withheld) who, in his usual careful way, has provided the Board with various material, including a Psychologist’s Report from (Psychologist’s Name Withheld). He has provided us this morning with a memorandum of his submissions and he has succinctly and ably put your position to the Board.

If we look at the law, as (Counsel’s Name Withheld) may well have told you, and you probably know yourself, we can only release you on parole if we are satisfied on reasonable grounds that you would not pose an undue risk to the safety of the community. We do that having regard to the support and supervision available to you in the community and the desirability of having you reintegrate into the community as a law abiding citizen. I have already referred to the support you have, and you have excellent support obviously, and we have taken that into account.

We also must, of course, take into account and give due weight to the victims’ views. As explained to you we met with one of your victims, (Name Withheld), this morning. We have a letter from her and you have seen that. We also have a letter from (name withheld). They are concerned that you might still pose an undue risk to the safety of the community. (Name Withheld) has a specific concern that you might pose an undue risk to (names withheld). The other matter that is stressed is that they would like you to undertake a programme, and preferably that is the programme that is available to you in Prison, the Kia Marama Programme for child sex offenders.

As far as your Prison conduct is concerned that has been exemplary. There have been no misconducts. Amongst the papers we have you are described as being polite and compliant and you have obviously spent your time well in Prison.

I mentioned before the Kia Marama Programme and that is something that is available to you but it appears that it is unlikely to be available to you until some time in the future. (Counsel’s Name Withheld) has dwelt on that to some extent. It appears that it will not be available to you until July 2010, at the earliest. He suggests that this merely reflects the application of the two thirds rule where the Corrections Department will not permit you to commence such a programme, unless completion of it would coincide with about two thirds of your sentence. From the Board’s perspective that is really a matter for the Prison.

The Psychologist’s report we have from Psychological Services strongly recommends that you undertake the Kia Marama Programme. The report from (Psychologist’s Name Withheld) supports the view that you need to undertake some programme, and you yourself likewise accept that, that you need to undertake a programme. As far as the Kia Marama Programme is concerned there is this substantial delay before it would be made available to you. There is also a concern on your part about privacy issues and you have discussed that with us. (Counsel’s Name Withheld) has outlined some of the previous privacy breaches as you have claimed them to have been while in Prison. We accept that that may well be a legitimate concern on your part.

Recognising, however, the difficulty with undertaking the Kia Marama Programme, and particularly the delay aspect, you raised the possibility of attending the STOP Programme. (Counsel’s Name Withheld) has suggested that the Board should support your release so you can be assessed for that programme. He even suggests that if it was found that you were unsuitable for the programme, that parole might be revoked and you would come back into Prison. That was perhaps a novel suggestion, but either way, he is suggesting the STOP Programme would meet your needs.

Strictly speaking from the Board’s perspective, there is no formal proposal for you to be released and be part of the STOP Programme. That would first require an assessment, and obviously it would also need some further report from a Psychologist providing an opinion as to whether or not that programme would meet your particular needs. You are, of course, serving a lengthy prison sentence for very serious offending with three victims involved.

We have taken all matters into account. The present position is that you have not completed any programmes in prison thus far which could be said to have reduced your risk.  Good behaviour on its own is insufficient to meet the statutory test. Therefore the Board’s view is that at this point, you do pose an undue risk to the safety of the community, and that would remain so until such time as you complete some treatment programme of the type that Kia Marama provides. There is no other release proposal for the Board to consider.

Parole is declined. It is always open to you to come up with some alternative proposal, which perhaps it involves the STOP Programme, but that is a matter for you. 

I hope you understand the decision. That is the decision we have made.

_________________________   
Judge J Macdonald
Panel Convenor
Review

• You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:

1. Failed to comply with procedures in the Parole Act 2002; or
2. Made an error of law; or
3. Failed to comply with Board policy resulting in unfairness to the offender; or
4. Based its decision on erroneous or irrelevant information that was material to the decision reached; or
5. Acted without jurisdiction.

To apply for a review you must write to the Board within 28 days of its decision giving reasons why you believe one or more of the above grounds apply in your case.

• Reviews are considered on the papers only; there is no hearing in respect of your Review Application.

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