Source: Radio New Zealand
123RF
A man jailed for attempting to snatch a toddler with intent to sexually abuse her, went unmonitored for several hours overnight after his electronic tracker went flat.
Corrections did not alert police that John Tekuru’s battery had gone flat until nearly four hours after they were notified.
Police then found him asleep at his residence on prison land – 10 hours after Corrections staff were notified his battery was going flat.
It comes a week after Corrections told RNZ any non-compliance with his release conditions would be taken “extremely seriously and acted on immediately”.
Corrections say there’s no evidence Tekuru, who last week pleaded guilty to breaching his release conditions by going to a playground, had left the premises.
However, a review is under way with Corrections saying it appears staff should have made further attempts to contact him.
Tekuru was sent to prison for the attempted abduction and released on 10 March.
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But a week later, on 17 March, he was back in custody accused of breaching his release conditions. He pleaded guilty on 16 April and was moved to an address organised by Corrections.
In response to questions from RNZ, Corrections acting director of communities, partners Simon Chaplin said Tekuru was subject to 12 release conditions, including being electronically monitored. He is currently living at a residence on Corrections’ prison land.
Chaplin confirmed that about 6pm on Monday, Corrections’ National Electronic Monitoring Operations staff identified his tracker was going flat.
“They contacted staff at the residence to advise them of the battery alert and the need for Mr Tekuru to charge his tracker. Staff attempted to contact Mr Tekuru via the residence intercom but received no response.
“At 11:41pm, a no communication alert indicated that he had still not charged his tracker and that it had gone flat. Corrections staff and a Field Officer then physically visited his residence. When he did not answer the door, Corrections contacted Police.”
Police found Tekuru asleep at the residence just after 4am on Tuesday and he was arrested, Corrections said.
“This offender has since been released from police custody, and Corrections will sanction him for not complying with the requirement to keep his tracker charged.
“Public safety is our top priority and it is my clear expectation that this offender is closely managed.”
Chaplin said there was “no information to indicate” Tekuru left his premises during the time his battery was flat.
“However, initial information suggests that staff should have made further attempts to contact Mr Tekuru between the time his battery was going flat and the no communication alert.
“A review into this timeline will be carried out, with further reminders provided to staff about the expectation that any potential non-compliance by this offender is to be immediately actioned.”
Chaplin said Tekuru was temporarily located at a residence on Corrections land.
“Corrections is working to find suitable long-term housing for this offender. Any proposed address for people for offending such as this person undergoes an assessment to determine suitability.
“This includes looking at a range of factors including the location of victims, other occupants at the property including any children or people subject to community sentences, location of support services, cellular coverage and power if electronic monitoring is a condition of the person’s order.”
Police would consult with other agencies, including police, as part of the assessment.
“We take our management of offenders in the community extremely seriously, and this person would not be allowed to reside at an address if it was not deemed suitable for them to do so.”
Chaplin confirmed an application had not been made for an Extended Supervision Order (ESO) or Public Protection Order (PPO) in relation to Tekuru.
In order to meet the criteria to be considered for an ESO application, an individual is required to be considered a high risk of further offending and must meet a number of specific criteria under the Parole Act.
“Crown Law makes an application on Corrections’ instruction if an ESO is pursued. ESOs are imposed by the courts and can be imposed for up to 10 years at a time following their release from prison.
“It is a decision for the court as to whether a person’s offending and level of risk meet the legislative criteria and the risk of harm justifies the restriction of an ESO. In some cases the court may decide to impose intensive monitoring for up to 12-months, which is person to person monitoring at all times.”
A PPO is a court order that allows the detention of “very high-risk individuals” at a secure facility within prison precincts.
“Only a very small number of people are likely to be subject to public protection orders, and this is a decision for the High Court.”
A police spokesperson told RNZ that they were called to assist Corrections at 3:30am on Tuesday.
Tekuru was arrested for breaching court release conditions and released from police custody a short time later.
After his guilty plea last week RNZ asked Corrections about Tekuru’s new living arrangements.
Chaplin said at the time public safety was their “top priority and we are closely monitoring this offender to ensure he complies with his conditions.”
“Any non-compliance with these conditions will be taken extremely seriously and acted on immediately.”
Earlier breach
During the court hearing last week, Judge Jonathan Moses said Tekuru was subject to electronic monitoring and had a special condition he not loiter or enter a place where people under 16 are unless approved.
These included the likes of schools, early childhood centres, parks, libraries and churches.
Judge Moses said two days after his release, electronic monitoring information placed Tekuru in a playground.
He was questioned about this and issued with a written warning.
Judge Moses said other electronic monitoring information on 14 March, confirmed Tekuru had gone into the grounds of a school, which had an early childcare centre sharing an access way.
“You had therefore breached your conditions of release in that you were in the vicinity of a school or early childcare centre,” he said.
“You admitted walking past those facilities but said you were only walking within your local area,” the judge said.
A summary of facts released to RNZ shows Tekuru was at the playground at Alfriston Park in Manurewa in Auckland between 4.29am and 4.45am.
After that on 14 March, he was at Alfriston College between 9.28am and 9.32am, and he then went to the Go Bananas childcare centre between 9.36am and 9.40am.
When questioned about that, the summary says Tekuru admitted to walking past early childcare facilities but said he was only walking within his local area.
Judge Moses said he took Tekuru’s age, 20, and his one prior conviction into consideration.
“What I’m going to do today is to convict you and sentence you to imprisonment for a period of one month taking your guilty plea and those other features into account,” he said.
Tekuru had already been in custody since 17 March.
No extra conditions were imposed because Tekuru was still subject to his earlier ones and he will be moved to an address organised by Corrections.
‘Bound to offend again’
Tekuru’s case earlier sparked concern from the Sensible Sentencing Trust, which has called for him to face stricter monitoring.
He was released from jail under a provision that an offender be let out early if their sentence is two years or less.
The Trust said he served 12 months.
It has written to the Department of Corrections, it says in a rare action, urging it to consider an ESO, or PPO.
It earlier told RNZ’s Checkpoint that Tekuru was “bound to offend again”.
The Department earlier said Tekuru was subject to multiple special conditions when he was released in March, including:
- Electronic monitoring (GPS)
- Residence at an approved address
- No contact with children under 16 unless supervised by an “Approved Informed Adult” and authorised in writing
- No entering areas where children are likely to be present (e.g., playgrounds, schools) without written approval
- No contact with the victim
- Mandatory psychological assessment and treatment
- Mandatory alcohol and drug treatment
- No use of alcohol or non-prescribed drugs
- Prohibition on entering Rotorua without written approval
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
