Monique Ford / equipment
Daniel Fitzgerald is serving a seven-year sentence for trying to kiss a woman at the Cuban Senate in Wellington.
A mental patient who was caught under the three-strike law for trying to kiss women on the street has been denied parole.
Daniel Clinton, 48, has a history of catching women on the streets of Fitzgerald, so it was the “third strike” in December 2016 when he kissed a woman in St. Wells, Cuba.
Fitzgerald tried to kiss the woman on the lips but in the struggle she managed to turn her head and the kiss landed on her cheek. He also struggled with the woman’s friend who came to her aid.
The case is still pending before the Supreme Court, which heard in February that his sentence was clearly unfair and upheld his decision.
* Wellington’s Cuban Senate is hoping for a kissing appeal as parole is rejected again.
* The apex court said that the sentence of deficit was unjustified but the parliament wanted it.
* The sentence of severe, unjust punishment for a sick man is expected to go to the High Court.
* The Court of Appeal says the sentence goes against human rights, but it cannot be overturned.
* The Court of Appeal considers the issue of ‘national conscience’ in the case of the three strike laws.
Although the Crown Prince acknowledged that this was an injustice, he told Supreme Court judges that the parliamentary majority agreed with the three-strike government, and that only a “safety valve” parole was possible if a judge allowed it.
The sentencing judge in the High Court thought the contempt was at the bottom of the list and would not normally be a prison sentence, but under the third strike law, he was sentenced to a maximum of seven years.
His lawyer had asked the High Court judge to release him without punishment. His mental illness meant that although he had been warned of the consequences of the third strike, he was weak in understanding.
Fitzgerald appeared before the parole board for the fourth time on August 26, but was rejected. He has two years and four months left in his sentence and will be seen again in February next year.
The board’s decision states that Fitzgerald has no approved address or release plan and remains an undue threat.
The board said it needed support and planning opportunities, stable housing and full employment.
It states that Fitzgerald has 11 pages containing various offensive dates but not limited to them. Violence, indecent assault, drug-related, disorderly conduct, alcohol ban and breach of bail, property-related and other offenses