Prisoner able to call victim 100 times from prison

The victim of a savage beating should have felt safe in the knowledge their assailant was behind bars.

But Rongopai Melrose, 26, was able to call his victim more than 100 times from jail, prevailing upon the victim not to give evidence at his trial.

In August 2016, he had “severely beaten” the victim for about 15 minutes, landing a series of punches and kicks that cracked five ribs, fractured the spine and caused a large liver laceration according to documents released to the Weekend Herald.

The Manukau District Court heard that the attack was “unprovoked, gratuitous and prolonged” with the Crown emphasising that the victim, whose identity is suppressed, had fallen to the ground and was defenceless.

Judge Richard Earwaker said the attack targeted the victim’s head.

During seven weeks in custody, Melrose made 102 phone calls from prison to the victim in a desperate bid to prevent the victim testifying against him.

The victim’s number was on a list of approved call recipients for Melrose.

“It’s not your freedom on the line,” he told the victim.

He also rang another person, asking her to say he had not made the attack — she refused and told him to stop asking.

In July last year, days before his first trial date, Melrose urged the victim to evade police.

“Just make sure those, those f ***en pigs don’t find you eh,” he said in a call.

The victim failed to appear for the July trial and a new date was set for October.

Melrose continued to call the victim. He got another inmate to have the victim’s number put on their approved list. He used that inmate’s pin number to make the calls so they weren’t traced back to him.

“This was done with the clear intention to avoid the detection of steps that you were taking to derail the trial,” Judge Earwaker said.

The victim again did not show for the October trial.

Police then obtained an arrest warrant for the victim, who was held in custody over a weekend to ensure an appearance at the trial. Melrose then pleaded guilty. For causing grievous bodily harm and attempting to pervert the course of justice — a representative charge — Judge Earwaker sentenced him this month to five years in prison and signed off a protection order.

The defence argued, during sentencing, that Melrose’s background and cultural factors were of significance.

The judge also took into account the fact he had struggled with drugs, particularly methamphetamine and cannabis, since 2010. “Against that I do need to balance the highly manipulative behaviour you demonstrated in attempting to derail this case and to avoid the consequences of your violent actions,” Judge Earwaker said.

All New Zealand prisons have payphones for inmates to use with a calling card which can be purchased from the canteen or supplied by family.

Department of Corrections chief custodial officer Neil Beales would not comment on the specific case but said that a balance was needed to maintain a prisoner’s right to contact family and friends.

All calls from custody began with an automated legal warning, he said.

Prisoners can only dial numbers on an approved list made with the consent of the recipient and talk for up to 15 minutes.

Beales said all calls were recorded and were subject to both random and targeted monitoring which could be used as evidence if unlawful activities were detected.

“Some prisoners go to great lengths to manipulate the rules we have in place,” he said.

Prisoners who abuse the phone system could be charged with misconduct and could have their phone access restricted.

Anyone who received unwanted contact from a prisoner could contact Corrections, police or the anonymous reporting line Crimestoppers, he said.

Earlier this year, a private member’s bill aimed at stopping prisoners contacting victims was introduced by National MP Louise Upston.

The Corrections (Victim Protection) Amendment Bill would force prison managers to further protect victims of crime and those who have protection orders.