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“On behalf of Corrections, I would like to once again express our heartfelt apology to the survivor of this person’s horrific reoffending,” said chief custodial officer Neil Beales after Exley’s sentencing in the High Court at Wellington yesterday.
“While I cannot imagine the pain she has faced, I hope that today’s outcome can be part of her healing process. I fully appreciate that today has been extremely challenging and distressing.”
He also threatened to stage a “dirty protest” by smearing his faeces on the walls if he was made to come to the sentencing.
“We acknowledge his escape and reoffending will also have been extremely upsetting for those who have been harmed by his previous offending. Our thoughts are with them today,” Beales said.
Exley, who has seven previous convictions for escaping custody, including one escape from Kaitoke Prison in 1992 with two others, was described as having a “near continuous” history of offending, with more than 250 prior convictions.
During his most recent escape in 2022, Exley, also known as John Douglas Willis, stole a guard’s uniform and pretended to be chasing an escaped criminal to flee the jail.
About 2pm that day he cut a hole in a fence to access another area and told two contractors working nearby that there was a missing prisoner on the grounds and they were to lock themselves in an office and stay off the radio, as the prisoner had access to the radio.
He then stole a work van from one of the contractors and drove out through several open gates. The escape was not noticed until at least 20 minutes later when the contractors contacted the principal corrections officer and explained what they had been told.
Damon John Exley in the High Court in Wellington. Photo / Mark Mitchell
Beales said a review of security practice was commissioned after Exley’s escape and a full operational review. Both were completed in 2022 and the operation review has been released to media this week.
Changes that have been actioned include closing the area where Exley was employed. This can no longer be accessed by prisoners.
Other changes include improving the selection process for prisoners working in industries at Rimutaka Prison and improving procedures for the operation of the emergency entrance points.
“The reviews determined that the escape occurred as a result of systematic failures. It was not the result of one sole cause, factor or person,” Beales said.
“One staff member resigned and a further three staff were subject to a range of sanctions following this prisoner’s escape.”
Corrections chief custodial officer Neil Beales. Photo / Department of Corrections
One of the key findings of the review included a profile of Exley, who was adept at manipulating and exerting influence over staff, including when it came to decisions about his location, activities and general management.
Under the current risk evaluation system, he should have had a high external risk score – allowing for a low-medium security classification – but a review in 2021 showed he was given an override to allow for a low-security classification, as this would allow the Parole Board to view him as having had progress in his rehabilitation.
“There had been no reduction in Mr Exley’s risk and staff should not reduce a classification to show progress in rehabilitation to the NZPB without evidence to support this,” the review said.
“Mr Exley had done nothing to reduce his risk. He was and remains an untreated sex offender.”
He was assessed as having taken full responsibility for his offending and being motivated to attend interventions to address his reoffending, but the review noted this was an example of his skill at manipulation. In fact, he had refused to attend rehabilitative programmes.
A later assessment failed to accurately document his behaviours, which should have caused him to be placed back on a low-medium classification.
Rimutaka Prison in Upper Hutt. Photo / NZPA
“Some staff had practically been conditioned by him to overlook or minimise his behaviours and risks, which should have resulted in far more scrutiny and a review of his security classifications.”
Another failure identified in the report was that the south gate of the prison was open, allowing Exley to drive through. Staff said one of the reasons they left it open was because it was heavy and difficult to manage in high winds.
The staff at the gate were looking at beaches on a computer when Exley drove through unchallenged, the review said.
“A culture of avoidance, under-reporting and complacency in regard to security-related matters appears to be present at Rimutaka Prison.”
In yesterday’s statement, Beales said Exley’s escape should not have happened.
Rimutaka Prison is located in Trentham, Upper Hutt. Photo / Ross Setford
“It was unacceptable, there can be no excuse, and we take full responsibility for the failings that led to it.
“We have learnt some very difficult lessons from this escape, but we cannot take away what has happened to the survivor of this crime, and I wish we could.”
Exley has been sentenced to a second term of preventive detention for the escape and attack on the woman. This means he can be held in prison indefinitely until it is decided he is safe to release.
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.
