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Allan Brian Miller
.
Rape of an American hitchhiker near Kaikoura in 1990-91
A lengthy list of other violent offences, including two prior rape convictions in July 1983 and April 1986
.
.
none known
Born 1953
Prison
Sentenced to preventive detention in February 1991
Became parole eligible February 2001
Last parole hearing March 2009
Has another hearing February 2010
Background
Parole declined at 9th hearing February 2008. A High Court attempt to challenge the Parole Board's decisions to repeatedly refuse his release thankfully failed in December 2008!
The Dominion Post, 6th January 2009
A notorious repeat rapist serving an open-ended prison sentence has failed in a wide-ranging attack on the parole system. Michael Carroll was sentenced to preventive detention in March 1988 for his third rape.
After news of his release became public, the police officer in charge of the investigation that led to the preventive detention sentence wrote to the Parole Board about the risk Carroll posed to public safety. As a result the board chairman met a senior Corrections Department manager to see if Carroll should be recalled. Complaints about that meeting were among a big number that went before the High Court, where a judge has dismissed the case mounted for the release of Carroll and another three-time rapist, Allan Brian Miller.
Miller has been convicted of rape three times. He received preventive detention in 1991 and became eligible for parole after serving 10 years' jail, but remains in prison. The case challenged the legality of the board and what they did in Carroll and Miller's cases, and the level of rehabilitative treatment Corrections offered, on 40 grounds.
Central to many of them was a claim that the board should have the same sort of independence as a court but Justice MacKenzie disagreed. He said the Parole Act set the level of independence and that was different to the standards that applied to courts.
From the Sunday Star Times 13/04/2008
Two of the country's most dangerous and prolific rapists are taking the Parole Board and attorney-general to court, claiming multiple faults in the way prisoners are freed on parole. Michael John Carroll and Allan Brian Miller, convicted on five and three rapes respectively and both in jail on preventive detention, allege the board is neither independent nor impartial and its decisions are illegal, largely because of its ties with the Corrections Department. They want a raft of remedies, ranging from sacking the Parole Board to their own immediate freedom. The board and attorney- general oppose their claims. The case is set down for a 10-day hearing in the High Court at Wellington in June.
The pair's Wellington lawyer, Tony Ellis, estimates his fee for the hearing will be $23,400, covered by legal aid. The Legal Services Agency will not reveal the full cost until the case is finished. Carroll, who has spent about 20 years behind bars for the rapes, most committed while on parole, was freed in February 2003 but recalled to jail six months later. In June that year, his parole address in Pukerua Bay , near Wellington , was leaked to media. Subsequent publicity sparked a huge outcry, forcing him to flee to a motel in Wellington and, later, to a Christchurch live-in rehabilitation programme. However, he breached parole conditions in August by absconding and drinking, so was sent back to jail. His latest bid for parole two months ago was declined.
In court documents, Ellis has criticised Carroll's probation officer, who had told the board Carroll had not managed his finances while on parole and had spent most of his $50,000 compensation from his incarceration at Lake Alice psychiatric unit at a massage parlour. He believed the board was "improperly influenced" by adverse publicity surrounding Carroll's release and spend-up. "Contrary to the moral judgement of the probation officer, the finances of [Carroll] were being managed. What [Carroll] spent his money on was either not a relevant consideration for the acting chairperson, or if it was, it was a favourable matter, as it meant [Carroll] was less likely to be at risk to the public having spent significant monies in a massage parlour he was less likely to be committing further rapes," Ellis said in court documents. Miller, who was jailed in 1991, claimed he had spent longer in jail than he should have because he was refused rehabilitation for sex offending and aggression against women until 2007, which prevented him passing parole criteria.
From the Dominion Post 27th May 2009
TWO rapists who have already received more than $160,000 in legal aid have been
refused further legal representation at the taxpayers' expense.
The pair, Michael Carroll and Allan Brian Miller, are appealing over the
impartiality of the Parole Board.
The Legal Services Agency confirmed the cost of the pair's legal aid during the
past five years was $163,625.
Carroll was sentenced to preventive detention in March 1988 for his third rape. His release from prison in February 2003 to live in Pukerua Bay, north of Wellington, caused a public outcry. He was moved but breached the conditions of his release and was recalled to prison in August 2003, where he remains nearly 21 years after being sentenced. Miller, another three-time rapist, took the case with Carroll.
Both are in jail on preventive detention and allege the Parole Board is neither independent nor impartial. The men want the board sacked and, among a number of demands, want to be released immediately. Their case was dismissed by a High Court judge this year. Their lawyer, Tony Ellis, has confirmed they wish to appeal but said they had now been refused legal aid and he planned to file a review of the decision. The legal aid was used for things like research, case preparation and payment of experts
The pair, Michael Carroll and Allan Brian Miller, are appealing over the impartiality of the Parole Board. Carroll was sentenced to preventive detention in March 1988 for his third rape. His release from prison in February 2003 to live in Pukerua Bay, north of Wellington, caused a public outcry. Both are in jail on preventive detention and allege the Parole Board is neither independent nor impartial.
