Prison release angers trust
The Sensible Sentencing Trust says it will raise the release of prisoner David Mahia, on compassionate grounds, with the Government, calling the decision ‘‘ludicrous’’.
‘‘From a victim’s perspective, this seems absolutely crazy. He should be punished, end of story,’’ trust founder Garth McVicar said.
Southland man David Jackson Mahia is one of 11 prisoners who applied for compassionate release from prison in 2016/2017.
The Parole Board approved six of them.
Mahia, 36, who is serving a life sentence for the murder of mother-of-two Nicola Fleming, was released to an Invercargill address provided by his family week as he is seriously ill and unlikely to recover.
McVicar said he had received messages from people who thought the situation was ludicrous.
The trust was totally against the fact Mahia had been granted compassionate release.
Mahia showed no compassion, and he would not even know the meaning of the word; and the trust would raise Mahia’s case with the Government, McVicar said.
Robyn Hogan, who runs the hostel where Fleming died in 2013, was not aware that Mahia had been released from prison on compassionate grounds.
Hogan did not think it was fair that Mahia could spend his last days with his family.
‘‘Is she [Fleming] with her family? He took that life away.’’
Hogan said Nicola Fleming had been a good kid.
Hogan and those who live at The Haven still had to deal with the repercussions of Fleming’s death with the hostel referred to as ‘the place where people get murdered’, she said.
When asked if she thought the rules for compassionate release should be reviewed, Hogan said the Government should have a serious look into the matter.
After being told Nicola was in a relationship with someone else, Mahia arranged to meet her outside her accommodation in Tyne St, where he seized her by the hair and pulled her down the steps and into a car park before pushing her into the Otepuni Creek, punching her and kicking her again, and carrying her back to her accommodation, where he left her on the floor in a blanket.
She died of her injuries, with
her father saying, at Mahia’s sentencing, that not one part of his daughter’s face was without a mark.
Department of Corrections chief custodial officer Neil Beales said before his release, Mahia was housed in a cell in the Otago Correctional Facility’s Intensive Support Unit due to his illness.
The ISU provides a safe environment for at risk prisoners with close monitoring and oversight by Corrections staff, he said.
‘‘Each prison has a health centre with registered nurses employed by Corrections. We provide primary health care to prisoners.
‘‘This includes general practitioner [GP] services, nursing and basic dentistry and some disability support services.
‘‘Doctors and dentists are contracted to provide medical and dental care.’’
Under section 41 of the Parole Act 2002, the board may, on referral by chairperson Sir Ron Young direct that an offender be released on compassionate release because the offender has either given birth to a child or is seriously ill and is unlikely to recover.
Corrections were unable to provide details of the number of prisoners that have a terminal illness, or the number of women who have been granted a compassionate release due to giving birth.
Statistics provided by the Parole Board show that since 2002, 48 people (41 men and seven women) have been granted compassionate leave.
Numbers have increased in recent years.
Between 2002 and 2012, the statistics show less than five people were granted compassionate release each year.
That jumped to seven in 2015/2016 and six in 2016/2017.
Invercargill Women’s Refuge services co-ordinator Cathy Robertson said at the time, Fleming’s death brought to the forefront the outcomes of ongoing domestic violence.
Her murder had been described as ‘‘the worst-case scenario of domestic violence’’.
At the time it was a shock to the women who worked with the organisation and made it very real, Robertson said.
Following the death, the staff at women’s refuge had conversations with the women they were working with at the time, Robertson said.
For some victims there was the realisation that one day it could be them who died, she said.