New Zealand's longest-serving prisoner who has been in prison for more than 50 years is going to be released.
Photo: Unsplash / Emiliano Bar
A judge has ordered the release of Alfred Thomas Vincent, who has severe dementia, does not know his name, cannot talk or look after himself.
The 83-year-old was jailed for sex and indecency charges and received preventive detention in 1968. He had pleaded guilty to charges of indecent assault on five boys, aged between 12 and 14.
He has been refused parole 48 times.
If he had not received preventive detention in 1968, the offending would have resulted in a sentence of less than 10 years, Justice Jillian Mallon said.
In her judgment, Justice Mallon said Vincent no longer presented a risk to community.
She slammed the Parole Board for declining Vincent's release in a May 2019 decision, which she called "unreasonable".
"The information before the board did not support a conclusion that Mr Vincent presented an undue risk to the safety of the community in any realistic way," she wrote.
She said he had a "right to be free from arbitrary detention" under section 22 of the Bill of Rights Act, and this right was breached.
Justice Mallon said that from August 2018, "Mr Vincent's risk did not justify his continued detention," unless arrangements were being made for a transfer to a care facility.
"The fact that no-one had found an appropriate facility willing and able to provide care to Mr Vincent did not justify the continued detention," her judgment said.
"The state had restrained Mr Vincent's liberty for over 50 years and was required to facilitate his release once there was no proper basis for that restraint to continue.
"It had a moral duty, and possibly a legal one, to ensure he had appropriate care when he was no longer an undue risk to the safety of the community in order to facilitate his right to be free from arbitrary detention."
Vincent is incontinent and dependent on carers daily to help him walk and eat.
Justice Mallon ordered he be released as soon as possible into a care facility.