Whangārei man William Tawhai was released from prison on January 11 after his indefinite prison sentence was lifted. Photo / 123rf
Whangārei man William Tawhai was released from prison on January 11 after his indefinite prison sentence was lifted. Photo / 123rf
A Northland woman subjected to a brutal and prolonged assault is horrified she only got three days formal written notice that her attacker was being released.
Inquiries by the Advocate found the Parole Board fell short of its target to provide the written notice to the woman within 10-daysbefore release, as it did not count public holidays over the Christmas period.
Tawhai, who has 70 previous convictions including for rape and serious domestic violence, was released from prison on January 11 this year despite being considered a very high risk of reoffending.
Stacey* says she is speaking out to prevent other crime victims from enduring a similar experience in a system she believes is desensitised.
“It’s just not good enough, us victims, we’ve been through enough already and now we’re having to go through more ... It’s not fair.
“It’s heartbreaking, really heartbreaking,” she said.
The Parole Board responded to questions about Stacey’s claims, saying it places the greatest importance on supporting victims of crime through the parole process, and is looking into her complaint.
Stacey and Tawhai met via a dating app and later moved in together. Soon after, Tawhai’s loving behaviour changed.
“I couldn’t shower on my own. I couldn’t go to the toilet by myself. I had to learn how to make his coffee properly and that was pouring the kettle while stirring with the other hand.
“When I woke up in the morning it was, ‘what is my day going to be today? Am I going to survive today?”
An opportunity to babysit one of her grandchildren was Stacey’s escape. The child’s dad was running late so she stayed overnight at the family’s home.
“I never went back,” she said.
But two months later, Tawhai showed up to the home after which a vicious and unprovoked attack in Stacey’s car began. He punched her repeatedly, knocked out one of her teeth and fractured her right eye socket and a finger, leaving her with a badly swollen face and bruising to her torso.
Tawhai was sentenced to preventive detention with no parole for five years but it was set aside by the Court of Appeal. Instead, a sentence of three years in prison with no parole for two years was imposed. The court had concluded there was an error in the original sentence.
William Tawhai successfully appealed his sentence imposed in the High Court at Whangārei (pictured) in May 2022. Photo / Michael Cunningham
Preventative detention is an indeterminate prison sentence aimed at people who pose a significant and ongoing risk to public safety. People can be released when the Parole Board judges that risk has been reduced
“When he got preventive detention, I felt so much relief because I thought, ‘oh my God someone in a very high position has listened to me and has heard me’,” Stacey said.
“I knew I could work, go and do whatever I wanted to do and that he would never, ever get out.”
So stumbling across the news Tawhai was going to be released was a huge a blow.
The Court of Appeal said an “appropriately tailored” extended supervision order (ESO) - which would normally be imposed for 10 years - ought to be effective in mitigating the risk Tawhai posed.
The order is used to both monitor and manage the long-term risk posed by a high risk sex offender or a very high risk violent offender who is back in the community.
Stacey did not know until the Northern Advocate started making enquiries on her behalf, whether the Department of Corrections was pursuing an ESO, as recommended by the Court of Appeal.
She said the Victim Notification Registration service failed to notify of Tawhai’s release or where he currently lives.
The service is supposed to provide victims of serious crimes with notifications about what is happening to the person that offended against them as they move through the justice system.
Stacey said she did not formally receive the outcome from Tawhai’s Parole Board hearing on December 13 until January 8 - three days before Tawhai walked - despite being promised them within a week. She claimed her calls during those seven days went unanswered.
Parole Board chairman Sir Ron Young said the board places the greatest importance on communicating with and supporting victims of crime through the parole process.
He said the issues raised were very concerning and the board was looking into what happened.
Parole Board chairman Sir Ron Young. Photo / Stuart Munro
Initial findings by the board were that a hearing manager had contacted Stacey by phone through the Victim Notification Register on the same day as Tawhai’s hearing to advise her of the outcome. She was also sent an email confirming the discussion and provided the release conditions set by the board, which included Tawhai’s statutory release date of January 11.
The board confirmed a copy of the approved written decision was emailed to Stacey on January 8. This was outside of the parole board’s usual time frame of within 10 working days of the hearing but a spokesperson said public holidays can affect timeliness.
Stacey acknowledged the hearing was around Christmas but believed the onus should not be on victims to make sure processes are followed through. She said she was being represented by a system with gaps in it.
Department of Corrections director communities, partnerships and pathways Glen Morrison said public safety was the department’s top priority.
He acknowledged an offender’s release was “incredibly stressful and upsetting time” for victims, who he said the department was committed to treating with respect and compassion.
Morrison said while the department was working through its standard process for an ESO, Tawhai was being closely managed by experienced Community Corrections staff and had 20 standard and special conditions of parole to comply with - including not being able to enter the North Island without prior written approval nor contacting his victim.
Stacey had not heard about the ESO because the application had not then been made to the court, he said.
That was of little comfort to Stacey, who had remained in the dark for months about whether an ESO was even being pursued. On May 3, she was informed via email that Corrections had applied for the order, and was given the first court date regarding the application.
*The woman’s name has being changed for privacy and legal reasons.
Karina Cooper is news director for the Northern Advocate. She covers breaking and general news as well as seeks to investigate hot topics and key issues further.
