Simon Power MP
National Party Justice & Corrections Spokesman

29 January 2007

Why did Probation Service wait two weeks to act on Burton?

The Corrections Department is still refusing to answer the question at the heart of the Graeme Burton parole issue: why didn’t they revoke his parole on December 5 when he failed to report and they knew of police concerns?

National’s Justice & Corrections spokesman, Simon Power, says moves by Justice Minister Mark Burton to look at whether it needs to be made easier for police to revoke parole are welcome but too late.

“Great, let’s make the law easier to recall people on probation, but the public needs to know why the Probation Service did not recall Burton as soon as he breached parole for the first time, and when they knew of police concerns.

“Section 61 of the Parole Act gives the Probation Service very wide discretion to revoke parole, and they could have done that on December 5, but they did not seek an arrest warrant until December 19.

“Two weeks before they sought the warrant and four weeks before Burton allegedly killed again, they knew he had breached parole, but all they did was send him a letter!

“The issue at the heart of this matter is not whether the police could or could not swear affidavits but why it took two weeks for the Probation Service to act.

“They didn’t need an affidavit – police had told them he was not at the address he was supposed to be at, and they had this knowledge on December 5.

“Corrections have claimed from day 1 that their response was ‘swift’ and ‘timely and appropriate’, but the evidence suggests the opposite.”

ENDS

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