Brian Winston Waitere
From Dominion Post story 7th October 2005
A repeat sex offender's legal fight against further supervision will drag on for nearly a year, in a case that highlights serious delays with monitoring regimes for paedophiles. The Corrections Department has identified Masterton man Brian Winston Waitere, 36, as a dangerous sex attacker who requires extended supervision to keep the community safe. An application for the right to keep track of Waitere was first heard in the High Court at Wellington in February – but is now scheduled to return to court in December, when more evidence will be heard. Corrections wants an order granting up to 10 years of monitoring and appropriate restrictions on where he lives and works. In the meantime Waitere, who has two sex convictions, is free to act as he pleases.
He was freed in 2003 after a five-year term for sexually violating a girl. The offending spanned a 17-month period when the victim was aged five and six. Waitere was previously convicted of raping a woman in a Portaloo in 1990. High Court judge Justice Neazor jailed Waitere for five years and said he had treated the woman with absolute contempt, as if she was not a person at all. Waitere has been going blind for several years and now has only some sight in one eye. He needs a cane to get around. He completed his latest jail term and parole without incident before tougher supervision laws were introduced in July last year, but is one of an estimated 58 offenders to whom it applies retrospectively. Corrections has warned judges that "lengthy" delays in hearing supervision applications could result in high risk offenders being left unsupervised in the community.
Figures show that an unopposed extended supervision order takes 23 days to approve – but the time taken to rule on defended orders has doubled to six months. There are at least 15 more defended orders to be heard and Waitere's case will have taken at least 10 months before being resolved. Waitere's lawyer Jock Blathwayt said the supervision order was being challenged on the grounds there was no proper basis for it. Waitere had completed his latest jail term and honoured his parole conditions, which had lapsed. "It seems extremely unfair that someone who's done everything that's been required of him should be caught up in something retrospective," Mr Blathwayt said.
Date of Birth
Sexually violated a young Wellington girl when she was aged 5 and 6 between mid 1997 and August 1998
Also raped a woman in a portaloo in July 1990
Under "supervision" in Carterton
Sentenced to 5 years (portaloo rape conviction) in December 1991
Sentenced to 5 years (sexual violation of girl conviction) in October 1999
Paroled February 2003
Now under Extended Supervision for 7 years
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OFFENCES / CONVICTIONS
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