KEY POINTS:
Paroled murderer Graeme Burton had at least a week's head start in evading capture because his probation officer was on holiday when he breached parole, a coroner's court was told today.
Burton should have been recalled to prison for parole breaches a week earlier than he was, the
Department of Corrections said.
Katrina Casey, general manager of community probation and psychological services, made the concession at the second day of an inquest in Wellington into the death of Karl Kuchenbecker.
Burton murdered the Wainuiomata father-of-two and injured four others on January 6 while on the run from police after breaching his parole conditions.
Ms Casey told the court Burton failed to report to his probation officer on December 5 and was given a written warning. He again failed to appear on December 12.
He had also failed to attend a group meeting and the department had received information from police about concerns he was involved in criminal activities.
However Burton's probation officer was away on a week's holiday from December 12 so it was not until December 20, after her return to work, that the department began legal action for the breaches.
A warrant for his arrest was issued on December 22.
Due to the office being closed for Christmas, a recall application was not completed until December 29.
"In effect we lost a week," Ms Casey told the court.
"We should have taken legal enforcement action a week earlier than we did.
"As at the 13th we should have thrown the book at him."
Coroner Garry Evans suggested it was possible that if the police had had that extra week to locate Burton he may have been found before crossing paths with Mr Kuchenbecker with tragic results.
"Yes, it's possible," Ms Casey said.
She said the good work done by Burton's probation officer was let down by her manager's failure to put any provision in place to monitor her cases while she was on leave.
Changes had since been made to procedures to prevent similar delays.
Ms Casey also said Burton's parole officer had too many high- risk offenders in her caseload at the time she was managing Burton.
Earlier Parole Board chairman David Carruthers told the court life at the board would never be the same since the tragic death of Mr Kuchenbecker.
Judge Carruthers told the court the panel which decided to release Burton was badly affected by that decision.
Judge Carruthers was not part of that panel and has not discussed the decision with them.
He said the panel were "very fine New Zealanders doing a tough job".
It was inappropriate for him to comment on the decision itself, he said.
"The materials available to the board, the discussion before the board itself and the decision of the board are self evident."
Judge Carruthers outlined changes that had been made to the board's operations since the Burton case, including greater powers to ensure they had all relevant information.
"The decision of the board is only ever going to be as good as the information it gets," he said.
On day one of the inquest Ms Casey said information on allegations Burton had recently been violent in prison - assaulting fellow inmates and attempting to arrange hits on prison guards - was not in the department's report to the Parole Board, and should have been.
The board was only made aware of this information in a risk assessment report by clinical psychologist Nick Lascelles.
Mr Lascelles said given the presence of those allegations he did not support Burton being released.
Judge Carruthers said he could only speculate but he imagined the board must have thought any further inquiries into the allegations were going to be inconclusive.
He said his experience of prisons were that they were "full of rumour and whisper and speculation and suspicion and paranoia," and it was a struggle to get credible information on which to make decisions.
Judge Carruthers said under significant changes made since the Burton decision the board now had the power to summons witnesses to get further information, and would receive information from the Crime Prevention Intelligence Unit about long-term prisoners.
"That will be enormously helpful."
Judge Carruthers expressed his deep sorrow to Mr Kuchenbecker's family and Burton's other victims.
The Kuchenbecker family were present in court again today together with assault victim Nick Rea and the sister of Paul Anderson, the man Burton murdered in 1992, who made a submission at Burton's parole hearing that he not be released.
The inquest is continuing.
- NZPA
