Michael John Carroll
A High Court attempt to challenge the Parole Board's decisions to repeatedly refuse his release thankfully failed in December 2008.
NZ Herald story here, and here showing that he has received a compensation payout, and here. This story here describes him as as one of the most savage men in New Zealand. Given the stiff competition for that title, some of which is on this database, it is indeed appalling that he was ever released.
Parole Board decision documented here
The Dominion Post, Tuesday 6th January 2009
A notorious repeat rapist serving an open-ended prison sentence has failed in a wide-ranging attack on the parole system. Michael Carroll was sentenced to preventive detention in March 1988 for his third rape.His release from prison in February 2003 to live in Pukerua Bay, north of Wellington, caused a public outcry when it was leaked to the media.
He was moved to a Christchurch live-in treatment centre but breached the conditions of his release and was recalled to prison in August 2003, where he remains nearly 21 years after being sentenced. Carroll blamed media attention for his decision to leave the treatment centre and spend the night sleeping in a cemetery. During his brief release from jail Carroll went to hotels and massage parlours, where he spent most of a $50,000 compensation payout he received for ill treatment at Lake Alice psychiatric hospital, the Parole Board was told.
After news of his release became public, the police officer in charge of the investigation that led to the preventive detention sentence wrote to the Parole Board about the risk Carroll posed to public safety. As a result the board chairman met a senior Corrections Department manager to see if Carroll should be recalled. Complaints about that meeting were among a big number that went before the High Court, where a judge has dismissed the case mounted for the release of Carroll and another three-time rapist, Allan Brian Miller.
Carroll's lawyer said the meeting had been improper but Justice Alan MacKenzie said the board was right to monitor the consequences of its decisions and act if it appeared the continued freedom of an offender should be reviewed. However, the judge said that the "unfortunate circumstances" of Carroll's release from jail and recall meant Corrections should make a special effort to have his risk of reoffending still believed to be high properly assessed and to assign a psychologist with whom Carroll can develop some rapport.
Miller has also been convicted of rape three times. He received preventive detention in 1991 and became eligible for parole after serving 10 years' jail, but remains in prison. The case challenged the legality of the board and what they did in Carroll and Miller's cases, and the level of rehabilitative treatment Corrections offered, on 40 grounds. Central to many of them was a claim that the board should have the same sort of independence as a court but Justice MacKenzie disagreed. He said the Parole Act set the level of independence and that was different to the standards that applied to courts.
From the Dominion Post 27th May 2009
TWO rapists who have already received more than $160,000 in legal aid have been refused further legal representation at the taxpayers' expense. The pair, Michael Carroll and Allan Brian Miller, are appealing over the impartiality of the Parole Board. The Legal Services Agency confirmed the cost of the pair's legal aid during the past five years was $163,625.
Carroll was sentenced to preventive detention in March 1988 for his third rape. His release from prison in February 2003 to live in Pukerua Bay, north of Wellington, caused a public outcry. He was moved but breached the conditions of his release and was recalled to prison in August 2003, where he remains nearly 21 years after being sentenced. Miller, another three-time rapist, took the case with Carroll.
Both are in jail on preventive detention and allege the Parole Board is neither independent nor impartial. The men want the board sacked and, among a number of demands, want to be released immediately. Their case was dismissed by a High Court judge this year. Their lawyer, Tony Ellis, has confirmed they wish to appeal but said they had now been refused legal aid and he planned to file a review of the decision. The legal aid was used for things like research, case preparation and payment of experts
The pair, Michael Carroll and Allan Brian Miller, are appealing over the impartiality of the Parole Board. Carroll was sentenced to preventive detention in March 1988 for his third rape. His release from prison in February 2003 to live in Pukerua Bay, north of Wellington, caused a public outcry. Both are in jail on preventive detention and allege the Parole Board is neither independent nor impartial.
Date of Birth
Abduction and sexual violation (x3) in Mt Victoria, Wellington and Otaki in February 1987
Also raped a young woman in 1980 and raped another woman in 1982
Committed the later rapes whilst out on parole
Minimum security in Kowhai unit at Rolleston prison
Three Strikes Status
Was sentenced to preventive detention in March 1988
Paroled February 2003
Recalled in breach of his release conditions September 2003
Parole denied October 2012
Has next hearing October 2013
Additional Photos & Files
Associated Media Links
OFFENCES / CONVICTIONS
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