A man jailed for more than 200 sex offences against his ex wife will be released on parole in January. Photo / NZ Herald file image
A man jailed for more than 200 sex offences against his ex wife will be released on parole in January. Photo / NZ Herald file image
A pensioner jailed for more than 200 charges of sexual offending against his former wife will be released on parole - but he will be closely monitored.
Neil Graham Pitceathly was jailed for 18 years after he was found guilty on more than 200 charges related to sexual offending againsthis former wife over a five-year period.
They were: 60 of stupefaction, 74 of sexual violation by unlawful sexual connection, 17 of rape and 61 of possessing intimate visual recordings.
Before his trial he admitted a further charge of possessing an objectionable publication, namely video clips depicting acts of bestiality.
Pitceathly had drugged the woman, rendering her unconscious, before he sexually abused on several occasions between 1999 to the end of 2003 or start of 2004.
Pitceathly's sentence formally ends in May 2027 but after a hearing earlier this month the Parole Board granted him an early release.
In a decision released today, panel convenor Neville Trendle explained why the board's position on the sex offender had changed.
"Mr Pitceathly completed the Adult Sex Offender Treatment Programme in May of this year," he said.
"Initially he was assessed as not taking full responsibility for his offending, with cognitive distortions around the role of the victim of his offending.
"That changed in the course of the programme following group discussion regarding consent."
Pitceathly has also completed a safety plan since his last hearing.
A psychologist assessed Pitceathly as "posing a medium to high risk of further sexual re-offending" - though the risk needed to be considered in the context of his offending occurring in a relationship that had become dysfunctional.
"The psychologist noted Mr Pitceathly's age and his strongly stated aversion to being in prison as potentially future risk‑mitigating factors," Trendle said.
"As with all offenders, the board is required to assess whether his release would pose an undue risk to the safety of the community or any person or class of person in the community.
"In practical terms, the board needs to assess his risk to the victim of his offending, his current partner and any potential future partners."
Pitceathly's lawyer told the board that his offending was "confined to an adult female partner with whom he has a dysfunctional relationship".
She said his current relationship "did not have that feature".
Neil Graham Pitceathly is serving a sentence of 18 years' imprisonment for sexual offending. Photo / File
His release proposal was supported by his current wife, who had attended relationship counselling with him recently as suggested by the board at his last hearing in September.
Trendle said Pitceathly's victim had met with the board and "still remains concerned for her safety" should her ex husband be released.
The board felt her concerns could be met with release conditions that would see the offender closely monitored.
"A second category of victim is any person Mr Pitceathly may engage in a future relationship," said Trendle.
"At present, that seems an unlikely possibility, but one that can be managed on release conditions."
He said the board had given "close consideration" to Pitceathly's current wife's position.
"She has been consistent in her support," Trendle said.
"She has not perceived any risk to herself and was somewhat defensive when it was suggested that Mr Pitceathly should consider living elsewhere upon release to allow their relationship to re-establish itself.
"Ultimately it is for us to form an independent view as to the risk to her safety."
Trendle said the board had taken time to reflect on the matter.
"Our obligation is clear - until we are satisfied that Mr Pitceathly's release would not pose an undue risk to the safety of the community or any class or person in it, we cannot direct his release.
"Once we are so satisfied however, we must direct his release.
"We have reached the view that having regard to all the material before us, Mr Pitceathly's risk can be managed on parole conditions."
Trendle said the board had also reflected on "the apparent dominance" of Pitceathly's views as to how he will keep himself and others safe in the community if released.
"Ultimately, we have concluded that for the balance of his sentence, the risk posed by Mr Pitceathly to the safety of others in the community, can be managed with the supervision and support of his probation officer and psychologist together with his adherence to appropriately focused release conditions," he said.
"We have taken into account the ongoing authority of his Probation Officer ... to direct that Mr Pitceathly is to no longer reside at the address occupied by his wife, should the need arise."
Pitceathly will be released from prison on January 13.
He will be subject to electronic monitoring and is not to use or access any device that is internet-capable.
"Thereafter, he will be subject to standard conditions and to the special conditions set out below for a period of two years," said Trendle.
"We have included a condition that Mr Pitceathly is not to enter the Bay of Plenty area ... We are of the view that the Board's concern for his victim requires a significant exclusion zone and that the whereabouts condition should be electronically monitored.
"We have imposed conditions placing limitations on Mr Pitceathly's unsupervised access to the internet.
"We do so to mitigate future risk following his conviction for possessing objectionable material."
The board has also imposed a condition that Pitceathly is to attend a monitoring hearing in June 2020.
"We impose that condition having regard to the seriousness of Mr Pitceathly's offending, the length of time remaining on his sentence and the importance attached by the Board to the need for release conditions to adequately address issues of risk," said Trendle.
