The type of ankle bracelet that Sultan Akbari will wear while he is subject to GPS monitoring. Photograph supplied
The type of ankle bracelet that Sultan Akbari will wear while he is subject to GPS monitoring. Photograph supplied
The reasons parole conditions were tightened for a man who escaped deportation despite being convicted twice of sexual offending within his first two years in New Zealand can now be revealed.
They include concerns around his behaviour towards children and women in public places including malls and a swimming complex.
Last week the Herald revealed that Sultan Ali Abdul Ali Akbari arrived in New Zealand from Afghanistan in October 2012 on a resident visa.
Then in 2015 he was jailed for two years and one month for five charges of indecent acts on girls aged 8 and 10 and indecently assaulting an 18-year-old.
That offending happened while Akbari was on bail awaiting trial on the 2013 charge.
He was released on parole in February with a number of conditions that will remain in place until September including a curfew and not associating with young people unsupervised.
However, after he was released Akbari's probation officer applied to the Parole Board to have his conditions changed.
"Concerns have arisen since in relation to Mr Akbari's behaviour with young children and women in public areas and in particular at the West Wave swimming complex in Henderson and at shopping malls," said Parole Board panel convener Judge Arthur Tompkins.
The Herald can now reveal that those concerns were around offending and an allegation of alleged offending that occurred before he was jailed.
Akbari's first sexual offence was against a woman working at an Auckland mall.
He was sentenced to community detention and community work in relation to "incidents" at shopping malls
Sultan Akbari was jailed for sexual offending against young girls. New Zealand Herald file photograph
The Herald has also learned that before that incident, police gave Akbari a pre-charge warning after an incident at the West Wave swimming complex in Henderson involving a child.
Police investigated but the Herald understands there was not enough evidence to charge Akbari with a criminal offence.
The repeat sex offender's probation officer asked the Parole Board to impose further and more strict conditions "prohibiting Akbari from entering any public swimming pools, parks, playgrounds or other recreational areas where children congregate, or shopping malls, unsupervised".
"Given the events set out in the application the amendments sought are appropriate to properly manage Mr Akbari's risk in the community," Judge Tompkins said.
His original conditions remain in place, including a curfew and that he not associate with young people unsupervised.
However, now he is subject GPS monitoring and banned from going from most public places.
Judge Tompkins banned Akbari from "entering any public swimming pools, parks, playgrounds or other recreational areas where children congregate" unless he is supervised by an adult approved in writing by his probation officer.
And Akbari must not enter "any shopping malls" unless he has prior written consent from his probation officer.
Akbari's case caused national outrage when the Herald revealed that Immigration New Zealand had granted the two-time sex offender deportation liability suspension.
That effectively means he cannot be deported for five years and that decision would only be reviewed if he was convicted of a new offence.
Immigration Minister Michael Woodhouse. New Zealand Herald photograph by Mark Mitchell
In response to the outrage Immigration Minister Michael Woodhouse suspended INZ's decision-making powers around deportation for two weeks.
Woodhouse has refused to comment specifically on the Akbari case this week.
He met with INZ on Monday to discuss the parole change - but revealed he would not seek a review of the deportation liability suspension.
Woodhouse's press secretary said as Akbari did not breach any parole conditions "it remains that there is no legal ability for the minister to review the decision".
"The minister is continuing discussions with INZ officials in regards to ensuring that [their] decision making process for cases involving residence class visa holders convicted of a criminal offence aligns with his expectations," she said.
"The minister has no further comments to make about those discussions at this time."
