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Barclay Denied Parole, May Meet Family Of Victim

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Wellington, March 22 NZPA - An inmate at the centre of legal action aimed at holding police and the Corrections Department to account for deaths caused by parolees, has been denied release by the Parole Board.

Jonathan Barclay, is serving 5-1/2 years for manslaughter, after pleading guilty in the High Court at Nelson three years ago over the death of Debbie Ashton. He was 26 at the time.

Ms Ashton was 20 when her car was hit head-on by one driven by Barclay in 2006.

Barclay had been disqualified from driving when he got behind the wheel after a night out drinking. He had been convicted of drink driving a month beforehand.

He was on parole and had been given a new identity under the witness protection programme, which led to him being treated as a first-time offender and not sent back to jail.

Ms Ashton's family and that of Karl Kuchenbecker, shot dead in 2007 in Lower Hutt by Graeme Burton when he was on parole, last week argued in Wellington District Court that Burton and Barclay should have been in prison when they killed.

Backed by the Sensible Sentencing Trust, they wanted the relevant government agencies held accountable for the deaths. A judge's ruling was today reserved.

Ms Ashton's family had written to the parole board opposing Barclay's release, describing the devastation he had caused and asking that he be made to serve his full sentence.

While Barclay was denied parole, the board noted he had spent his time in prison productively, and urged the Ashton family to consider a restorative justice meeting as part of his rehabilitation.

In its decision the board noted Barclay had "done a great deal in prison", studying towards a Bachelor of Commerce degree and undergoing counselling.

Barclay had indicated "real remorse for what he did" and regretted his actions every day, the board said.

"He says it was driven by his very reckless lifestyle which was dominated by drugs and alcohol at that time."

However, Barclay did have an extensive history of offending, which included a recall to prison after previously offending while on parole.

Barclay said he would meet Ms Ashton's family as part of the restorative justice process and felt he should answer any questions they might have.

The family has said it was considering restorative justice, but believed it should be done once Barclay was released.

The board said while it was the family's decision, "it might be more helpful, if they are willing, for that meeting to be held now rather than later as part of Mr Barclay's progress to a better life".

"He needs to have a better insight into what he has done and how it has affected other people and he needs to understand the destructive consequences for others more clearly."

In the meantime, Barclay was deemed not yet ready for safe release and parole was declined.

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