Killer denied parole, said to be high risk

The chokehold killer of a Dunedin man remains behind bars because of the high risk he presents to the community, the parole board says.

Stephen Anthony Fernyhough (27) was jailed for five years in 2014 for the manslaughter of Ryan Court.

Fernyhough choked his victim in the bathroom of Craft Bar early on April 27, 2014.

Last month, the parole board declined parole and set a two-year postponement before he would next appear.

The board's decision - released to the Otago Daily Times this week - revealed Fernyhough is considered at high risk of reoffending and was likely to be jailed again if released.

A Department of Corrections assessment of his risk showed there was a 79% of him being reimprisoned, the decision said.

He would have to undertake a specialised programme for serious violent offenders with a high risk of reoffending before he would be considered for parole.

It was also revealed he was in a drug treatment unit at Christchurch Men's Prison.

"Mr Fernyhough qualifies for and has been identified to undertake'' the

special treatment unit rehabilitation programme (Sturp), the decision said.

"Mr Fernyhough has expressed the view that he will undertake programmes that are on his sentence plan and he anticipates that when he completes the drug treatment unit programme that he would transfer to undertake the Sturp programme.''

Fernyhough already had 76 criminal convictions, including assault and robbery, when he choked Mr Court unconscious and left him lying on the toilet floor.

Although Mr Court was quickly unconscious, Fernyhough continued to apply the hold for 20 to 40 seconds before letting go, the court heard at Fernyhough's sentencing in 2014.

He said "don't mess with the wee man'' as he left the toilet and went with friends to another bar where an incident of disorder resulted in a broken window.

The ODT understands Mr Court's family was vehemently opposed to Fernyhough being granted parole.

Fernyhough was originally charged with murder. However, the charge was later amended to manslaughter.

He verbally abused people seated in the public gallery during his sentencing, including Mr Court's friends and family.

Fernyhough told the board he would be willing to be released to an area other than Dunedin when paroled, because of the impact his release would have on the victim's family.

The board believed Fernyhough still presented an undue risk.

"Mr Fernyhough has quite an amount of rehabilitative work ahead of him before he could be seen as having reduced his risk,'' the board's decision said.

It was expected he would complete the drug treatment programme and the Sturp programme before he next appeared before the board.

A date of November 30, 2017, was set for his next appearance.

timothy.brown@odt.co.nz

 

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