Security status block to prison programmes
A man who committed a violent armed robbery of a Clinton dairy is yet to access any programmes behind bars because of his maximum-security status.
Caleb Neil Fleming, 24, is serving a term of more than five years' imprisonment, imposed in 2023 — his third stint in jail.
At a hearing last month, the Parole Board heard the Auckland Prison inmate had been waitlisted for drug treatment and a medium-intensity group programme but because of Corrections rules he was unable to start that treatment until his security status dropped.
Fleming had been responsible for "unrelenting misconducts" the board previously heard, and in his most recent report panel convener Judge Geoffrey Ellis pointed to 20 recent incidents logged by prison staff.
Fleming came to Dunedin seeking a fresh start in 2021 and a chance meeting at the library led to him being offered a bed at a family home.
But after just five days of hospitality, he stole the car of the Good Samaritans and drove to Food For Thought in Clinton.
The court at sentencing heard Fleming covered his face and armed himself with a tyre iron before entering the store.
When staff refused to hand over cash and cigarettes, he smashed the till, a pie warmer and damaged a microwave.
On his way out, Fleming robbed a shopper of $30.
Police quickly tailed him on the way to Balclutha and, after the chase was abandoned for safety reasons, they found the driver had smashed into a sign outside a hotel.
Fleming was arrested after a short foot pursuit.
He was later convicted in relation to an unrelated burglary in which he damaged a property, and there had been another violent incident while he was at the Otago Corrections Facility.
Fleming was found with two shanks made from shards of glass and engaged in a 20-minute struggle with Corrections staff as they attempted to restrain him.
The Parole Board heard the prisoner had worked with a psychologist for a couple of months last year but the sessions had ended when he failed to show up.
Fleming, though, said he was getting a lot out of the appointments and was keen to continue them.
Given his apparent enthusiasm, Judge Ellis directed a follow-up by psychological services to determine whether they could resume treatment.
While Fleming got a positive report from a kaupapa Maori practitioner with whom he was working, and his behaviour in prison had improved in the last month, the board said he remained an undue risk of release.
"Mr Fleming still has some serious work to do to reduce his risk of re-offending," Judge Ellis said.
Fleming's next parole hearing was set for February and though the board said he would have unlikely completed the necessary rehabilitative work it would be an opportunity to review his progress.
His sentence expires in July next year.
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Otago Daily Times
20 hours ago
- Otago Daily Times
Security status block to prison programmes
A man who committed a violent armed robbery of a Clinton dairy is yet to access any programmes behind bars because of his maximum-security status. Caleb Neil Fleming, 24, is serving a term of more than five years' imprisonment, imposed in 2023 — his third stint in jail. At a hearing last month, the Parole Board heard the Auckland Prison inmate had been waitlisted for drug treatment and a medium-intensity group programme but because of Corrections rules he was unable to start that treatment until his security status dropped. Fleming had been responsible for "unrelenting misconducts" the board previously heard, and in his most recent report panel convener Judge Geoffrey Ellis pointed to 20 recent incidents logged by prison staff. Fleming came to Dunedin seeking a fresh start in 2021 and a chance meeting at the library led to him being offered a bed at a family home. But after just five days of hospitality, he stole the car of the Good Samaritans and drove to Food For Thought in Clinton. The court at sentencing heard Fleming covered his face and armed himself with a tyre iron before entering the store. When staff refused to hand over cash and cigarettes, he smashed the till, a pie warmer and damaged a microwave. On his way out, Fleming robbed a shopper of $30. Police quickly tailed him on the way to Balclutha and, after the chase was abandoned for safety reasons, they found the driver had smashed into a sign outside a hotel. Fleming was arrested after a short foot pursuit. He was later convicted in relation to an unrelated burglary in which he damaged a property, and there had been another violent incident while he was at the Otago Corrections Facility. Fleming was found with two shanks made from shards of glass and engaged in a 20-minute struggle with Corrections staff as they attempted to restrain him. The Parole Board heard the prisoner had worked with a psychologist for a couple of months last year but the sessions had ended when he failed to show up. Fleming, though, said he was getting a lot out of the appointments and was keen to continue them. Given his apparent enthusiasm, Judge Ellis directed a follow-up by psychological services to determine whether they could resume treatment. While Fleming got a positive report from a kaupapa Maori practitioner with whom he was working, and his behaviour in prison had improved in the last month, the board said he remained an undue risk of release. "Mr Fleming still has some serious work to do to reduce his risk of re-offending," Judge Ellis said. Fleming's next parole hearing was set for February and though the board said he would have unlikely completed the necessary rehabilitative work it would be an opportunity to review his progress. His sentence expires in July next year.
Otago Daily Times
6 days ago
- Otago Daily Times
Man who killed German backpacker eligible for parole
It has been almost 20 years since a young German backpacker was murdered in a picnic area of a national park. The death of Birgit Brauer, whose body was found in Lucy's Gully, near Ōakura, southwest of New Plymouth, shocked two nations and led to an 18-day manhunt for her killer, Michael Scott Wallace. Wallace, then a 44-year-old drug-taking transient with an extensive criminal history, went on to deny the murder but was found guilty by a jury. He was sentenced in 2007 to life imprisonment with a non-parole period of 18 years. This month, he became eligible for parole and, despite the time that has passed, the 63-year-old is still refusing to admit to killing Brauer. Wallace made his first appearance before the Parole Board on May 14, at which he sought parole but was denied. The panel determined he had "a long way ahead to go" before he could be released. Wallace did not have an approved address at which he could reside if paroled, nor did he have a release proposal. The board's decision, released to NZME this week, stated Wallace has not been motivated to complete recommended treatments and was considered to still be in the rehabilitative phase of his sentence. It was also noted that he would undergo a formal assessment of psychopathy. Wallace recently refused to discuss his criminal history with a psychologist, and while the decision stated he had at some point claimed he could not remember the murder, he told the board that was no longer his stance. "He now says that he did not commit the offending," according to the decision, which was the position he took at trial. The fatal hitchhiking trip On September 20, 2005, Brauer and Wallace's paths fatally crossed in the tiny town of Waitōtara. There, she was picked up hitchhiking by Wallace as she travelled between Whanganui and New Plymouth. He drove her to Lucy's Gully in Te Papa-Kura-o-Taranaki, formerly known as Egmont National Park, and bludgeoned her with a metal bar before unbuttoning her jeans, likely with sexual intent. When Wallace was disturbed by a passing vehicle, he dragged Brauer into the bush and stabbed her in the chest. Her body was later found by a jogger. Wallace disposed of evidence and eventually made his way to the Manawatū area, where, almost three weeks later, he was arrested. He told police at the time that he did not want to hurt people, but he had, and he would be better off if police had shot him. Meanwhile, Brauer's body was returned to Germany. She was described by those who knew her as reserved yet open, honest and friendly. Brauer knew how to enjoy herself; she had a good sense of humour and was sometimes cheeky. She was drawn to New Zealand by a love of nature and geography and soon became a keen All Blacks fan. Brauer loved New Zealanders' down-to-earth attitude and believed she was safe hitchhiking. At Wallace's sentencing, Brauer's parents told the court that the events of 2005 would never leave them. "To this day, we cannot believe Birgit is not with us. A criminal like him does not deserve to live," they said in their victim impact statement. The unforgettable case A former top Taranaki detective said he wasn't surprised Wallace still denied killing the 28-year-old tourist, who had been on a working holiday in New Zealand when she was murdered. Grant Coward became a household name when he led the high-profile investigation into the murder, during which he made a "we will catch you" promise to the killer. Speaking to NZME this week, Coward, who received the Commissioner of Police's Silver Merit Award in 2008 for his role in the inquiry, recalled the murder as being callous and cold-blooded. Now retired, Coward said the case had been "a real whodunit", and it was a team effort to track Wallace and help bring him to justice. "It took longer than normal, but we got there in the end." He said it was difficult to know if, or when, Wallace should be released. But, he believed that if Wallace was not rehabilitative or admitting fault, he should have an extended period of imprisonment. Coward said he had not maintained contact with Brauer's family, but she would be in his thoughts forever. "I reflect on the cases that I've worked on, and she's right up there as someone who you remember, because of what happened." Brauer was also someone Caryl Blomkvist remembered from time to time. She and her husband, Fritz Blomkvist, hosted Brauer at their Whanganui farm in the final two weeks of her life, as part of the World Wide Opportunities on Organic Farms. When Brauer left, the Blomkvists dropped her off at the edge of Whanganui so she could begin her hitchhiking journey, but not without a warning. "We told her she shouldn't hitchhike," Blomkvist recalled when speaking to NZME this week. "Then a cop came and banged on our door at 11pm that night. We were pretty shocked." Blomkvist said Brauer's death was a traumatic time for everyone who knew her. "We still think about her," she said, describing Brauer as pleasant and hardworking. "She was no trouble. She spent her time quietly doing what we expected of her, very well. And she enjoyed reading her books and writing. "She wasn't living a party life at all; she liked the quiet life and enjoyed being on the farm." Blomkvist remained in contact with Brauer's mother, whom she said was a strong woman. Brauer's father has since died. Blomkvist preferred not to comment on Wallace, only to say that what he did to Brauer was undeserved. She said that she and her husband do not support him ever being released on parole. The unmotivated prisoner After Wallace's conviction for murder, it was revealed he had an extensive criminal history dating back to dishonesty offending in 1976, as well as arson and violence. In particular, he twice raped a woman in 1983, after attacking her husband and locking him in a closet. He served a five-year sentence of imprisonment for the home invasion and sex attack before later committing armed robbery and being sent back to prison. According to the recent parole decision, Wallace acknowledged at the hearing that he was guilty of his other crimes. "It would be useful to understand from him why he thinks he committed that offending, even if he continues to deny the index murder offence," the board's decision stated. While Wallace, who has not had any misconducts during his current sentence, was initially reluctant to speak with a psychologist in April for a risk assessment, he did, but refused to discuss his offending. The psychologist's report detailed a long history of alcohol and drug use and referred to a formal assessment of psychopathy to be conducted. Wallace, who has reimmersed himself in Te Ao Māori while in prison, has completed sessions with a one-to-one departmental psychologist, and a special treatment unit for high-risk violent offenders has been suggested. But there were impediments to Wallace entering such treatment, including his denial of the murder and his belief that he would not work well in a group setting. In the meantime, he will continue to undergo one-to-one treatment. The board found it was important Wallace also complete a drug treatment programme, despite not being motivated to do so. "Overall, Mr Wallace is still considered to be in the rehabilitative phase of his sentence, and therefore rehabilitation must be a priority." An updated psychological risk assessment was ordered before his next parole hearing, scheduled for next year. "So that the assessment is useful, we encourage Mr Wallace to discuss his offending history with the psychologist." - Tara Shaskey, Open Justice reporter
Otago Daily Times
27-05-2025
- Otago Daily Times
‘Bandanna burglar' returned to scene
Nicholas Kerr was told by a judge he would be imprisoned again if he continued to target student flats. Photo: staff photographer A Dunedin man known as "the bandanna burglar", after a series of student-flat break-ins, has returned to the scene of the crime, a court has heard. Nicholas Scott Kerr, 36, was jailed for three years two months in 2021 after being convicted of burgling 14 flats, stealing more than $20,000 of items including underwear, and cutting holes in the curtains of seven women's houses. Kerr would wear dark clothing and a bandanna covering his face, hence the moniker, and it was two years before he was finally caught and brought to justice. This week, the defendant came before the Dunedin District Court again — this time on the relatively low-level charge of unlawfully being in an enclosed yard. While the charge carried a maximum penalty of three months' imprisonment, Judge David Robinson — who locked Kerr up in 2021 — voiced his worry. The crime happened in Queen St, just a couple of houses down from other homes the defendant had previously targeted. "While on its face you walked through a property, when I look at your history this is a returning to the scene of the crime," the judge said. "I have real concerns this was a return to form." According to court documents, one of three female residents was in her lounge about midnight on August 22 last year. Kerr had walked down the unlit driveway and activated a motion-triggered light. The victim saw the man run down the side of the property towards a rear deck, then "hunkered down in fear and called the police", a police summary said. A dog unit picked up Kerr's scent at the scene and tracked him to Knox Church. Counsel Sarah Cochrane argued a deferred sentence was appropriate, but Judge Robinson disagreed. "Your history of propensity to target flats occupied by young women ... warrants something more punitive," he said. Police released this identikit photo several years ago as they tracked a man responsible for a series of break-ins. Image: NZ Police Kerr was sentenced to 50 hours' community work but it came with "a very clear warning". "You need to understand, if there's a repeat of this, the sentence simply goes up and I'd have no hesitation in jailing you," the judge said. Kerr's earlier burglary spree began in 2018 when he entered a student flat in Queen St occupied by 10 females and cut a hole in two of their bedroom curtains. He went on to repeat the acts and would often steal items which were later sold using a fictitious Facebook profile. Kerr, who had previous convictions for violence, blackmail and dishonesty, admitted to the Parole Board in July 2023 his crimes had a sexual motive. He was released from the Otago Corrections Facility after the board heard he would receive specialist sex-offender treatment quicker in the community. But at a monitoring hearing five months later, it was revealed Kerr was yet to start any therapy and had changed his story about what drove the break-ins, claiming it was his need for drug money that fuelled him. Timeline December 2021: Nicholas Kerr is sentenced to three years two months' imprisonment for 14 burglaries in Dunedin's student sector. March 2022: Kerr is finally unmasked after losing a name-suppression appeal. July 2023: He is granted parole after admitting the break-ins had a sexual element. December: Kerr tells the Parole Board at a monitoring hearing the burglaries were actually drug-related. August 2024: Police are called when female students find him creeping around the side of their Queen St flat. May 2025: Kerr pleads guilty to unlawfully being in a yard and is sentenced to 50 hours' community work.
