28 Jul 2022

Covid-19 impact hinders work experience, release plan for convicted killer

6:08 pm on 28 July 2022

Covid-19 restrictions are hampering a convicted murderer's attempts to work in a prison kitchen and have supervised releases into the community after more than 15 years behind bars.

Rimutaka Prison.

Rimutaka Prison where the Parole Board held a hearing on a possible release for Andre Gilling. Photo: RNZ

Andre Gilling appeared before the Parole Board at Rimutaka Prison in Upper Hutt on Wednesday, and the hearing was told how the pandemic was affecting the 33-year-old.

Gilling is serving a life sentence, along with Ashley Arnopp, for the gruesome 2006 murder of Stanley Waipouri in a probable homophobic attack in Palmerston North.

Gilling, then aged just 17, became eligible for a release from jail last year, but remains inside and will next be considered for parole in about a year.

On Wednesday, at a hearing RNZ attended, his lawyer Judith Fyfe asked the Parole Board to give directions about what was expected of Gilling, and when.

The Chairperson of the New Zealand Parole Board, Sir Ron Young.

Sir Ron Young Photo: Aaron Smale/IKON Media

But Parole Board chairperson Sir Ron Young said Gilling already had a plan. Now, he needed to wait until it was put into action.

He was pre-approved for Corrections' release to work programme, although that was on hold due to Covid-19.

"We can't fix Covid... It's really frustrating, I appreciate that. It's frustrating on all sort of levels."

Board member Dr Greg Coyle said: "The plan is there. It just takes time for these Covid restrictions to ease so you can get on with it."

Gilling was found guilty at a retrial in 2009. A parole report last year said he now accepted he played a "significant part" in the attack on Waipouri, in the 39-year-old victim's Rangitīkei St flat in the central city.

Waipouri suffered head, neck and chest injuries, having been beaten for more than an hour. The tip of his penis was missing, an ear was mutilated and there were bite marks on his nipples.

His young attackers were found by police still at the grisly, blood-stained scene.

Victim's fate 'pretty sad'

At Wednesday's hearing board member associate professor Philip Brinded, a forensic psychiatrist, asked Gilling about a pre-sentence report from 13 years ago. It said Gilling did not show empathy to Waipouri and had said it was his fault he died.

"I think back then I wasn't quite understanding what had taken place," Gilling said. "Just a lack of maturity, I guess."

"How do you feel about the victim now?" Brinded asked.

Gilling: "I didn't really know him, so it's pretty sad what happened to him, but I didn't really know him."

After answering questions from another board member, Brinded said Gilling did not seem engaged in the process.

Gilling said he was listening. "I don't have that much to say, really."

He had some family support outside prison, but wasn't sure where he would go if released. "Anywhere, I guess. I don't have anything anywhere."

Gilling had worked in the prison kitchen as a baker, but that wasn't operating because of Covid-19, nor were supervised releases into the community.

Without that he said there was little else to do.

Gilling had completed his rehabilitation programmes and Coyle referred to a psychological report that said Gilling no longer justified his offending, had empathy, and his passive aggressive communication had improved.

Coyle asked Gilling what it was about a release he was looking forward to and what he imagined that to be like.

"Not being in jail, I guess," Gilling said. "I'm not sure. I haven't really given it much thought."

Fyfe said there were delays in Gilling getting rehabilitative treatment, which only started in 2020.

Normally that would indicate poor behaviour, but Gilling hadn't had any incidents of misconduct since 2016.

Gilling was making "enormous progress" particularly working in the kitchen, until Covid-19 intervened.

He needed to return to that and work out a long-term plan for his release.

"I think it's very clear that Mr Gilling doesn't have any external or worldly view. He's just unable to imagine what's out there."

Friends of Waipouri told RNZ they were relieved Gilling was not released.

Arnopp is due to see the board in the coming weeks.