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Home / New Zealand

Phillip John Smith denied early release

NZ Herald
3 Dec, 2015 02:58 AM4 mins to read

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Phillip John Smith stands in the dock at the Auckland District Court. 18 March 2015 New Zealand Herald Photograph by Dean Purcell.

Phillip John Smith stands in the dock at the Auckland District Court. 18 March 2015 New Zealand Herald Photograph by Dean Purcell.

Convicted murderer and alleged prison escapee Phillip John Smith has been declined an early release, although the Parole Board supports him again being allowed out temporarily, when the time is right.

Smith is accused of failing to return to prison while on temporary release and fleeing to Brazil in November last year.

His latest hearing before the Parole Board was last month and he will be seen again in September 2017.

The board decided not to issue a postponement order to delay that and board members noted Smith "appeared to have been on some appropriate pathway" at the time of his alleged escape.

"It is ironic, however, that the [temporary release] privilege was squandered through his own actions," says the board's decision, released today.

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"We are also supportive of Mr Smith, at an appropriate time, being returned to reintegrative activity in accordance with departmental policies."

Smith, 41, waived his right to appear before the board but his lawyer, Tony Ellis, was there and before the hearing he told the board he was unhappy with its previous decision, released earlier this year.

Dr Ellis thought it implied Smith was guilty of the alleged escape, when he had denied charges laid over the incident and was yet to face trial.

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"There can be no dispute over Mr Smith's entitlement to the presumption of innocent on a charge before the court," the board's latest decision says.

"Whatever might be the niceties of proof in a court, the board ... may take into consideration whatever information it thinks fit, whether or not the information would be admissible as evidence in a court of law.

"The board's observation that Mr Smith failed to return to prison from temporary leave by absconding or escaping seems incontrovertible."

Board panel convenor Alan Ritchie refused to remove board members from hearing the Smith matter, as Dr Ellis requested.

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Dr Ellis also said Smith objected to a postponement order, which can delay a parole hearing for up to five years if there is no hope of an early release.

In a "strong submissions", he said his client had already served his minimum term and was "now detained solely for the protection of the public".

"If that is so," asked Dr Ellis, "why is Mr Smith being held in punitive conditions which are a barrier to rehabilitation?"

The lawyer said the board should take a position on arbitrary detention, rather than ignoring it, but the board said its role was limited to submissions about a course of action for a prisoner.

It must consider the support and supervision available in the community.

Smith has no approved accommodation, no plans for employment and won't provide contact details for people who can support him, saying it wasn't necessary at this stage because he was unlikely to be paroled.

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A psychological assessment found Smith's risk of re-offending, including violence, was high, and his risk of child sex offending was medium to high.

"It recommends that once the active charges are resolved that Mr Smith's motivation to engage in specialist treatment be assessed," the board says.

Dr Ellis said Smith accepted he needed treatment and it should have been provided before his first parole hearing. The lawyer also disputed the accuracy of the risk assessments produced for Smith and said there wasn't enough evidence to conclude he was a danger to the public.

It was suggested Smith could undergo "serious violence treatment" if released on electronic monitoring.

The board, however, found there was "no doubt" Smith posed a risk to the public and he will stay behind bars.

Smith is serving a life sentence for murdering a man in 1995. The man was the father of a boy Smith indecently assaulted over a number of years.

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What the board decided

• No postponement order

• It supported Smith getting help and, at the next hearing, wanted to know how that was going

• It supported Smith returning to temporary released when the time was right.

• It will see him again in September 2017.

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