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An 81-year-old child sex offender will be released from jail nine years early because the prison cannot manage his terminal illness.
The decision has angered two of his victims, and one questions why he will be released to a family home rather than a specialist care facility if he cannotbe treated in prison.
In 2019, farmer Robert Ashleigh Edward McLarnon was found guilty at trial of sexually abusing 10 girls, aged five to 18, in the Waihi and Katikati areas over the 1960s, 1970s and 1980s.
McLarnon was due to be considered for parole next year and had a statutory release date in June 2031. His appeal against his sentence was dismissed in 2020.
This month, the Parole Board agreed to his early medical release from Waikeria Prison on May 10, on compassionate grounds.
McLarnon's condition was described in the decision as a "serious illness from which he will not recover" and that has progressed.
"The support available to him in the prison environment is described at best as suboptimal, and it seems to us that it has deteriorated to the point where it may soon not be safely manageable in prison.
McLarnon could not be transferred to the High Dependency Unit at Rimutaka Prison because it was at "full capacity", with a lengthy waiting list.
His release location was redacted but "proximity" to his victims was acknowledged. The decision said release conditions will "ensure there is no inadvertent contact".
Robert McLarnon as a younger man. Photo / Supplied
McLarnon will only be allowed to leave his approved address with his probation officer's approval and a safety plan, unless in a medical emergency.
He will be electronically monitored, and subject to conditions not to have contact with victims or unsupervised contact with anyone under 16 without probation approval.
The release application by McLarnon's lawyer was a renewal of one submitted by the director of Waikeria Prison that was denied by a Parole Board panel in November.
The November decision said the prison was struggling to provide the care McLarnon needed safely.
But that panel found a "disconnect" between the prison's position and "the proposal to release him, not to a hospice or specialist care facility but to a private family home".
The decision said McLarnon continued to deny his offending but had made "limited admissions" including to what he described as "consensual sex" with one victim.
He was assessed as posing a moderate-low risk of general and sexual reoffending.
Robert McLarnon will be released from Waikeria Prison near Te Awamutu. Photo / Alan Gibson
Victims submitted against his early release at the time.
This week, the Bay of Plenty Times spoke to two victims, who cannot be named for legal reasons.
One said it seemed to her that the offender's needs for compassion and comfort had outweighed "the consequences for his victims and their ability to move on with their lives".
"He is still affecting our lives by living in the same part of the country and it seems astounding, cruel and incredibly biased that this was not considered a significant factor in his release conditions."
She said victims should be told the extent of his illness and life expectancy.
"The only place this offender should be released to is a specialist medical facility. If he's not sick enough for that then why is he being released at all?
"He lost his rights for protection when he ... abused so many young girls and was found unanimously guilty for every charge against him."
Another victim said she was angry and disappointed.
"As much as I'm wanting to find some compassion within the depths of my memory of the life he made for me, I am angry that he's going to be able to please himself [with] when and what he eats, when he sleeps etc, while inside a home with comforts."
Her questions about his release included whether the likes of neighbours and carers would be told of his convictions and whether there were schools or daycares nearby.
Department of Corrections acting regional commissioner Vickie Burgers acknowledged the ongoing trauma suffered by McLarnon's victims and said the department was "committed to ensuring their safety".
While it did not decide if someone should be released from prison, it assessed the suitability of new addresses. This was an "extensive and robust" process that included consideration of factors such as nearby facilities designed for children and the location of victims.
"Mr McLarnon's release address was assessed as suitable by Corrections, however we fully recognised concerns about the proximity of the address to his victims and made it clear that a number of measures to ensure their safety would need to be put in place if the application for compassionate release was approved by the New Zealand Parole Board."
She said McLarnon was subject to 19 release conditions and his compliance would be closely monitored and actively managed by staff.
"Our top priority is the safety of our communities, and we will not support a person to reside at an address if the risk cannot be safely managed and public safety upheld."
"Due to our legislative obligations under the Privacy Act 2020 and the Health Information Privacy Code, we are limited in what further information we can provide. However, as noted in the NZPB decision, his condition is terminal. The 24/7 level of care he now requires could not be provided in prison."
A parole board spokesman said there was a "very high bar" for early medical release.
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on:
• Text 4334 and they will respond
• Email support@safetotalk.nz
• Visit https://safetotalk.nz/contact-us/ for an online chat
