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By Ric Stevens, Open Justice reporter
This article discusses family violence.
A judge ordered a repeat family violence offender to submit to GPS tracking on his release from prison after hearing "terror" in the voice of his victim.
The location-finding ankle bracelet is intended to help probation officers keep Frank James Walker, 44, out of Dunedin, where his victim lives.
Walker was told to wear it after Judge David Robinson heard a victim impact statement from the woman, who told him she believed that Walker would find her and kill her after being released from jail.
Walker was sentenced to 18 months' imprisonment in April this year after pleading guilty to assault of a person in a family relationship, wilful damage, breaching release conditions and two charges of driving while disqualified.
He was released almost immediately because of the time he had already spent in prison on remand.
However, Judge Robinson imposed release conditions that Walker wear the bracelet and stay away from Dunedin. He also granted the woman a protection order.
Walker has amassed more than 100 convictions over a 28-year criminal history, including for theft, burglary, armed robbery and family violence.
The family violence offences he has racked up since 2014 include wilful damage, assault on a female and threatening to kill or do grievous bodily harm.
The woman's fears about Walker were outlined in a decision in the High Court after he appealed unsuccessfully to have the ankle bracelet removed.
The courts were told that Walker was in the front passenger seat of the woman's car when an argument began about their relationship.
He punched her twice in the back of the head with a closed fist, with such force that her head struck the inside of the vehicle.
Shortly afterwards, after the woman parked the car, he left the vehicle, disconnected the battery and threw it on the ground, where it broke and leaked acid.
The woman got out of the car and ran, pursued by Walker, who swung a punch towards her.
She curled into a ball on the ground to protect her head.
The woman's injuries from the assault included bruising to her right shoulder, multiple contusions to her head and a long concussion, which has required treatment from a physiotherapist.
She also suffered "significant mental trauma", the High Court decision said.
"She experiences panic attacks, anxiety, is unable to go out in public alone and has recurrent nightmares of Mr Walker abusing her.
"The victim believes Mr Walker will come to find her and kill her upon his release from custody."
No treatment since 2012
Walker was described as having a "traumatic" upbringing, with a violent father, a mother who was absent from when he was 3, and being abused while in state care.
Despite his extensive contact with the criminal justice system, he has not completed any form of treatment since an alcohol and drug programme in 2012.
He is assessed as having a high risk of reoffending.
Walker resisted having to wear an ankle bracelet for GPS monitoring on the grounds that he was no longer in a relationship with his ex-partner and because he had no fixed abode, which meant compliance would be "onerous".
Judge Robinson, however, said GPS monitoring was "entirely appropriate" because he had a history of ignoring no-contact conditions and because of the "genuine concern" expressed by his ex-partner, who feared he would seriously assault her again.
"The judge was well-placed to assess this, having heard the victim give her impact statement in court," the High Court decision issued by Justice Lisa Preston said.
"He observed a level of emotion and what he assessed as terror in her voice in that regard."
The woman also told the court that she was Walker's only tie to Dunedin and the South Island generally, yet he chose to stay in the region.
"The judge considered the desire to remain indicated further risk to her," Justice Preston said.
Walker appealed to the High Court against the provision of his release conditions that required him to wear the bracelet.
Justice Preston dismissed his appeal.
"Considering ... the physical and mental injuries Mr Walker caused by this assault, I agree, as the judge found, [that] the GPS tracking conditions are reasonably necessary and proportional for the reasonable concerns of Mr Walker's ex-partner," she said.
Where to get help:
- Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason
- Lifeline: 0800 543 354 or text HELP to 4357
- Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends
- Depression Helpline: 0800 111 757 or text 4202
- Samaritans: 0800 726 666
- Youthline: 0800 376 633 or text 234 or email talk@youthline.co.nz
- What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds
- Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, and English.
- Victim Support 0800 842 846.
- Rural Support Trust Helpline: 0800 787 254
- Healthline: 0800 611 116
- Rainbow Youth: (09) 376 4155
- OUTLine: 0800 688 5463
- Aoake te Rā bereaved by suicide service: or call 0800 000 053
If it is an emergency and you feel like you or someone else is at risk, call 111.
Family Violence:
- Women's Refuge: 0800 733 843.
- It's Not OK 0800 456 450.
- Shine: 0508 744 633.
- Victim Support: 0800 842 846.
- HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655.
- The National Network of Family Violence Services NZ has information on specialist family violence agencies.
Abuse survivors:
For female survivors -
Help Wellington, 048016655
Help, Auckland 09 623 1296.
For urgent help: Safe To Talk 0800044334.
For male survivors -
Road Forward Trust, Wellington, contact Richard 0211181043
Better Blokes Auckland, 099902553
The Canterbury Men's Centre, 03 3776747
The Male Room, Nelson 035480403
Male Survivors, Waikato 07 8584112
Male Survivors, Otago 0211064598



