Alfred Vincent, New Zealand’s longest-serving prisoner, to be released

The longest-serving New Zealand prisoner will be released from jail after the High Court ruled that his rights were being violated.

Alfred Thomas Vincent was one of the first people to be sentenced to remand in 1968 after being convicted of indecently assaulting five children between the ages of 12 and 14.

He has spent more than 50 years in prison and was again denied parole in August of last year after “continued misconduct” behind bars.

Vincent, now 83, has deteriorated mentally and physically, and the parole board found that releasing him had “significant dangers” due to his sexualized behavior.

The only time Vincent spent outside the barbed wire was during day passes and weekend outings in the early 1980s, which were revoked when he was caught talking to young children.

But now, Wellington Superior Court Judge Jillian Mallon has ordered his release, and found that he was “arbitrarily” detained in violation of the Rights Act.

At her trial, released today, Judge Mallon said Vincent had stage five dementia and did not appear to know his own name. He cannot speak clearly or care for himself.

“He has been denied parole at least 48 times, the most recent on August 19, 2019,” he said at his trial.

“He is apparently the oldest prisoner in New Zealand. How can this be?

“I believe that the process that should have allowed his release some time ago has failed. He no longer poses an undue risk to the safety of the community.”

Psychological reports over the years continued to assess that Vincent was at high risk of recidivism against children, but not against adults.

In recent years, he has suffered significant cognitive decline, to the point where he cannot remember his own age, has trouble naming simple objects, and is often confused day and night.

In the latest parole decision, the board said that if Vincent were to be admitted to a psychogeriatric care facility, staff may need to be trained to handle his sexualized behavior, and that facility was not currently available.

In July this year, Vincent’s attorney submitted a compassionate release request, expressing concern that it appeared that little had been done to advance a plan for Vincent’s release despite a 2007 Board of Parole decision that said that it was “unacceptable to think that he is condemned to die. in prison.”

The prison warden provided a report last August stating that Vincent had little knowledge of where he was and why he was there, but he was easy to deal with and could generally be lured to his cell with tea and a cookie.

“Vincent is generally calm and smiling, with little understanding of his surroundings,” said the director.

His “uninhibited behaviors” were easily managed with distractions and instructions.

The application was rejected because a suitable safe care facility could not be found for Vincent.

The matter eventually reached judicial review before Judge Mallon, and Vincent’s attorney alleged that the Parole Board had been wrong in multiple areas, including failing to take into account his mental disability and the Rights Act.

The lawyer argued that the board incorrectly took into account Vincent’s sexualized conduct in prison, when that conduct was actually a symptom of his dementia and was legal.

Another medical report from October this year found that he was “mentally incompetent” and “dependent on caregivers in all aspects of his life.”

The doctor said that “it cannot represent a risk for any person” and that it needed the suitable attention.

Judge Mallon said the punitive part of Vincent’s sentence ended more than 40 years ago and that the need for public protection must be “compelling” if Vincent was to be detained for that long.

She believed the board was wrong to find that Vincent was a risk to the community.

“How realistic was it that as an elderly man with dementia, who was easily redirected and managed, he would have the opportunity to sexually offend young children or even anyone?

“The board appears to have equated continued interest in sexual activity as risk, and risk as undue risk, without further consideration.”

Judge Mallon made a statement that Vincent was being arbitrarily detained in violation of the Bill of Rights Act.

She set aside the August 2019 Board of Parole decision and ordered her release from jail. The order is delayed for three months so that the Crown can find a suitable facility for Vincent.