Today, Judge Quentin Hix declined an application from the Department of Corrections for a five-year extended supervision order (ESO).
Judge Hix delivered his decision in the Christchurch District Court where he said it was “tangible” that Cooke could commit another relevant offence, but that the risk was not at a level where it was high.
An ESO is used to both monitor and manage the long-term risk posed by high-risk sex offenders who are back in the community.
It means that the offender remains visible to relevant agencies so that any risk is quickly identified and managed by the right people.
At his 2022 sentencing, the Invercargill District Court heard Cooke told the girl, aged between 7 and 8 at the time, that if she told anyone about his offending, he and the girl’s mother would go to jail.
The offence took place while Cooke was living in Invercargill and on a night he had gone to play cards with the girl’s mother at their house.
At sentencing, Judge Duncan Harvey said Cooke’s actions had a devastating impact on the girl, who had made attempts to take her own life and had been self-harming.
Cooke’s lawyer had submitted there were significant periods of time when Cooke had not offended and that he would be subject to severe conditions if he was subjected to extended supervision.
He said an ESO would only be justified if the judge was satisfied the risk was high.
Judge Hix said Cooke had developed a fantasy in his 20s and 30s for touching young girls which led to watching women shower, going into changing rooms, then entering children’s bedrooms as they slept.
He said that behaviour applied before criminal charges were brought against Cooke in the courts.
During his first stint in jail, Cooke went through “special treatment processes, well-regarded programmes”, but it seemed, that from an overall assessment on completion of the programmes, Cooke’s response was less than ideal, Judge Hix said.
Following his 2022 sentencing, Cooke again commenced a special treatment programme, and again his engagement was regarded as “relatively superficial”, the judge said.
Looking at the time span between offending, 2001 and 2017, Judge Hix said he was satisfied there was a significant period of no offending.
“On the one hand the escalation of behaviour is concerning, it has gone from fantasies, to acting out in non-contact, then sexual offending; the progression of those offences and the degree of contact, it does give me cause for concern,” Judge Hix said.
“Balanced against that is gaps in the progression, time frames, a time period from today to the last relevant offending in 2016-17.
“While he has done the treatment programme twice, it is not a major influence on my judgment.”
Taking Cooke’s age into account, and that he fell into the criteria where his age had a significant impact on the likelihood of offending in the future, there was a relatively high risk, Judge Hix said.
“It is tangible that he will commit an offence, the risk is not at a level where it is high.”
Judge Hix declined the application.
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the last 16 years. Most recently he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.
