Mahia ‘should have died in prison’
A dad wants answers from the Parole Board after his daughter’s killer was released on compassionate grounds shortly before his death.
Kerry Fleming says 36-yearold David Mahia, the killer of his daughter Nicola, ‘‘should have died in prison’’.
Mahia, 36, who had leukemia, died early this month, 16 days after being released from prison to an Invercargill address on compassionate grounds.
He had been serving a life sentence for the brutal murder and sexual violation of 38-year-old mother-of-two Fleming in Invercargill in 2013.
He was sentenced by Justice Mander to life in prison with a minimum non-parole period of 12 and a half years.
Mahia and Fleming had been in a volatile on-off relationship.
She was severely beaten, suffering a fractured face, pelvis, sternum and ribs. No part of her face was left without a mark.
Fleming’s father, Kerry Fleming, hit out at ‘‘failings and inadequacies’’ of the Corrections department and Parole Board.
‘‘How is it that someone who commits an atrocious offence like the murder of Nicola even gets to be considered for compassionate release and is able to dictate where he gets released to?’’ Fleming asked.
Mahia was granted parole on compassionate grounds on September 13 but the Fleming family had no rights to offer an objection, no consultation and were not made aware of the processes, he said.
‘‘Mahia is a pathological liar who cares not one iota about anyone’s feelings but his own.’’
His family wants to know who was consulted before Mahia was released, whether the authorities concerned read the coroner’s report and whether his daughter’s rights and his family’s feelings were even considered.
Fleming said his daughter received no compassion and his family has had to endure more suffering than any family should.
The September decision of the Parole Board to grant Mahia release on compassionate grounds shows Mahia initially applied for compassionate release in July this year.
Mahia was firm he did not want to go to a proposed hospice facility, but to an address provided by his family, the report states.
The decision says the Corrections Department believed in September Mahia was ‘‘manageable’’ at the proposed invercargill address.
New Zealand Parole Board chairman Sir Ron Young said the board was sympathetic to the Fleming wha¯ nau and any distress the compassionate release of Mahia may have caused.
The Parole Act allowed for the compassionate release of an offender if they were seriously ill and unlikely to recover, and set out clear guidelines for the board to follow.
Compassionate releases were not initiated by the parole board; an application had to be made in writing, along with supporting medical opinion to be considered.
‘‘The Board acts very quickly on compassionate release applications, as they almost always involve terminal illness.’’
The Board assessed community safety in making its decisions could impose special conditions and restrictions.
‘‘The Parole Act directs that the board must inform registered victims of its decision, and any conditions imposed. That was done in writing in this case.’’
Last month, 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 provided a safe environment for at risk prisoners with close monitoring and oversight by Corrections staff, he said.
Under section 41 of the Parole Act 2002, the board may, on referral by the chairperson, direct that an offender be released on compassionate release because the offender had either given birth to a child or was seriously ill and was unlikely to recover.
Statistics provided by the Parole Board showed that since 2002, 48 people (41 men and seven women) had 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.