Karel Sroubek - aka Jan Antolik - pictured in the Auckland District Court. Photo / File
The Parole Board has released its full decision explaining why Czech drug-smuggler Karel Sroubek has been granted an early release from prison.
But while he will be free from prison he is still facing deportation - a move he has vowed to fight.
Sroubek - aka Jan Antolik - is serving a term of five years and nine months for smuggling drugs into New Zealand.
His sentence end date is in early 2022 however he has been granted parole and will be released next month.
Sroubek first came to New Zealand in 2003 on a false passport in the name of Jan Antolik.
He was found guilty in 2011 of lying to immigration officials but was discharged without conviction by Judge Roy Wade, who believed his evidence.
The representative kickboxer had claimed he had to flee his homeland in fear of corrupt officials after he witnessed a murder.
On hearing the evidence, Judge Wade was convinced that he would still be in danger from corrupt Czech authorities and the man he helped convict if he were deported back.
"I am satisfied that your initial false applications were as a result of you doing the right thing, not the wrong thing," he said at the 2012 sentencing.
"Furthermore, had you been frank with the authorities when you first came here, it seems plain that you would have been granted a work permit and, ultimately, residence in any event, on your own merits."
Sroubek used his second chance to smuggle 5kg of MDMA, a Class-B drug, into New Zealand from the Czech Republic.
The drugs had a street value of about $375,000.
Sroubek appealed against this conviction but in December 2017 that was dismissed.
He appeared before the board again on Monday and was granted parole.
The board said that his behaviour in prison was "noted as generally being compliant".
"However there was a recent incident, six to eight weeks ago, when he was regressed from Self Care because of allegations that he was involved in a fight.
"No misconduct was laid and he was returned to Self Care."
His lawyer Paul Wicks QC told the board Sroubek did not present as an undue risk and could be released on parole.
He said Sroubek had completed one-on-one work with a private psychologist, and he had developed a release plan.
"Mr Wicks referred to Mr Antolik's excellent release plan, family support, suitable address, and three employment opportunities," said the board decision released late today.
"The board spoke at length to Mr Antolik, he told us that the drivers behind the offending were that he was facing financial difficulty and he did not want to turn to his friends for assistance.
"He said he had no understanding that there were consequences to his actions.
"Mr Antolik said the consequences were the pressure on family and friends, the damage to the community of drug use, and that he had lost the respect of people.
"Mr Antolik said that young lives were wasted through the use of ecstasy, through parties and overdose.
"He said that importing ecstasy did not resolve his financial issues, he said he has lost everything.
"Mr Antolik said he has become a better person through his incarceration, and that he has learnt consequences to his actions and to be patient."
The board grilled Sroubek and a prison officer on the alleged fight in prison
The Principal Corrections Officer said that he was called to the unit, an inmate had alleged to two other officers that Mr Antolik had assaulted him," the decision read.
"The PCO said that when he arrived the inmate had changed his mind, he said he was not assaulted and may have fallen.
"The PCO said he had his suspicions that Mr Antolik may have assaulted the inmate, however he did wonder why Mr Antolik would do something so stupid.
"He said that Mr Antolik knew his parole was coming up and was unlikely to jeopardise it, consequently the PCO was "on the fence" about the issue.
"Mr Antolik said that he had a verbal argument with the inmate, he said he did not assault him, but that he thought the inmate wanted him out of the unit."
Sroubek told the board that as well as having accommodation lined up with a friend outside prison, and support from a number of friends and acquaintances, he was studying and wants to work in IT.
"He said that he hopes to work as soon as possible, but if not he had extensive support from his friends including living rent-free and being offered financial assistance," said the board decision.
"Mr Antolik has been advised that he may be deported to the Czech Republic.
"He told the board that if he were to be deported he still feels he is at risk because he witnessed a murder when he was in his youth.
"However he said that he intends to keep a very low profile, he will rely upon the support from his family and friends, and he hopes to work in information technology and largely work online."
The board ruled that any undue risk Sroubek continued to pose could be met by way of special conditions.
"As such he will be released on parole.
"Mr Antolik told us that he had been on bail for at least three months, he knew he was facing prison and possible deportation but he did not abscond.
"He said he has faced the consequences.
"The board is aware that Mr Antolik wishes to study and work, nevertheless the board does feel that Mr Antolik's risk will be somewhat mitigated by the imposition of partial residential restrictions, he will be subject to electronically monitored residential restrictions from 8pm to 7am."
The board also felt there was a need to see Sroubek again in February next year to monitor his progress outside the wire.
"Mr Antolik will be released on September 7, 2020, the date has been set to allow for the provision of the signed consent from the occupant for electronic monitoring before he is released," the board ruled.
"The standard and special conditions imposed will continue until six months after his sentence and date."
He will be subject to 12 conditions including the electronic monitoring.
Sroubek's conviction means he was automatically liable for deportation.
Immigration officials told then Immigration Minister Iain Lees-Galloway there were two matters for which Sroubek could be deported: the conviction for importing MDMA, and the use of a false identity to come to New Zealand.
Sroubek's fear of returning home seemed to be behind Lees-Galloway's controversial decision to cancel his deportation liability.
The decision quickly became a political firestorm.
Lees-Galloway revisited the case after it emerged that Sroubek may have travelled back home, and following reports that his estranged wife no longer supported his residency bid.
During the investigation of the case and the confirmation of convictions in the Czech Republic, the minister found Sroubek liable for deportation on the basis that he was an excluded person.
An excluded person is someone convicted and sentenced to jail for at least a year in the 10 years before arriving in New Zealand.
It was, therefore, deemed he was granted residence as a result of administrative error.
Immigration New Zealand also commissioned an independent review into its processes following the Sroubek case.
Sroubek has indicated previously that he will fight deportation and appeal to the Immigration Protection Tribunal.
A date is yet to be set for a hearing.
• 2003: Karel Sroubek flees Czech Republic as witness to a murder. Enters New Zealand with false passport in name of Jan Antolik.
• 2008: Gains residency under the name Jan Antolik and represents his new country as a kickboxer.
• 2009: True identity discovered when Czech police contact their counterparts in NZ.
• 2010: Arrested with two Hells Angels gang members on aggravated robbery and blackmail charges. Acquitted on all charges.
• 2011: Jury finds him guilty of using false passport and giving false details to Immigration officials. Arrested soon after as part of Operation Ark, a covert investigation into Ecstasy-like pills.
• 2012: Judge discharges him without conviction on false identity charges so Antolik is not automatically deported.
• 2014: Convicted of manufacturing Class-C drug from Operation Ark arrest. Conviction overturned but Crown abandons second trial. A few months later, arrested importing 5kg of MDMA, a Class-B controlled drug, used in Ecstasy.
• 2016: Convicted of importing MDMA and jailed for five years and nine months, but identity kept secret by sentencing judge.
• 2017: Name suppression lifted.
• 2018, Sept 17: Parole Board declines early release.
• 2018, Sept 19: Immigration Minister Iain Lees-Galloway cancels Sroubek's deportation, grants resident visa in his real name with conditions.
• 2018, Nov 1: Lees-Galloway says he did not know of court documents showing Sroubek had returned to Europe in 2009. Orders Immigration NZ to investigate.
• 2018, Nov 8: Pressure intensifies on Lees-Galloway after he concedes he didn't read the entire Sroubek case file and made his decision in under an hour. National calls for his resignation.
• 2018, Nov 28: Lees-Galloway issues a new deportation liability notice to Sroubek, meaning he will be deported after finishing his jail term. Sroubek is appealing the decision. Lees-Galloway orders review into INZ processes.
• 2018, Dec 23: Lees-Galloway says he would have deported Sroubek from the outset if he had known Sroubek had returned to the Czech Republic in 2009. Says he asked INZ officials but was told the information could not be ascertained. INZ says its team does not have an investigatory role.
• 2019, October 9: Review into INZ processes makes five recommendations, including that INZ should have inquiry powers if the minister has unanswered questions.
Firefighters are keeping a close watch to ensure the piles of debris do not reignite.