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Alfred Vincent, pictured in a school photo in 1949, has been in prison since 1968.
The fate of New Zealand’s longest-serving inmate is being examined, and lawyers for 83-year-old Alf Vincent argue that he should have a home outside of prison for the rest of his life.
Vincent is in a high dependency unit at Rimutaka Prison, north of Wellington, and suffers from dementia.
In 1968 he pleaded guilty to seven counts of indecent assault and was sentenced to indefinite preventive detention. His lawyer says Vincent was the victim of homophobic fears of the day.
Although he has been considered for parole nearly 50 times, 52 years later he is still serving his sentence because the Parole Board says he remains an undue risk to community safety.
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And even if the board thought any risk could be handled in a safe resthome for people with dementia, it has not found a place to go.
His attorney, Tony Ellis, told a Wellington Superior Court judge on Tuesday that the Department of Corrections should find a place for him, otherwise he would be serving a death sentence.
In addition to his dementia, he had been assessed to have an IQ of 65, with particularly low verbal comprehension.
Despite various health problems, he can walk and the board was told that he continued to engage in sexualized behavior.
Although Vincent could stroke his own penis, it was not a risk to men, boys or anyone else, Ellis said.
Acting Corrections attorney for the crown Austin Powell said the only option was a nursing home with level five hospital care and security for people with dementia.
Prison staff were looking for a place to take him if the Parole Board granted parole, and a house that possibly offered a solution was withdrawn due to publicity about his case.
While in prison, he was humanely treated with proper care, Powell said.
Vincent’s current behavior could be related to his past offenses, or it could be the result of his dementia, he said.
Moving Vincent now would create its own problems because people with dementia did not respond well to change.
The elderly care facilities were privately run, although the state contributed funds.
Ellis said Vincent was in prison. Coloring books were his only activity and he was invited to return to his cell with a cup of tea and a cookie.
It seemed Vincent’s last visit from the family was in 2011. His sister died the following year. He had three siblings, but in the same period they were deemed unable to care for themselves, according to a cousin who contacted Ellis recently.
For the attorney general, attorney Genevieve Taylor said the Parole Board was the body with the experience to decide whether Vincent was safe to be released. I would also set a release date and any conditions.
A recent psychologist’s report was the first to say that Vincent was no longer a risk to others.
The Parole Board had not had a chance to consider that opinion and may want more information to reach its own conclusion, he said.
The case continues on Wednesday.
The Governor General has been asked to use her power to end Vincent’s sentence, as an alternative to the court case. That statement has been “on hold” pending the court’s decision, Ellis said.