A High Court judge has ruled that a serial stalker was allowed to write to women, despite being barred from starting new relationships.
In her judgement, Justice Thomas found that while Green's letters were aimed at starting new relationships, they did not in themselves constitute a new relationship. Photo: RNZ / Alexander Robertson
Glenn Green has 201 convictions, including 34 for contravening protection orders.
But his latest convictions for breaching release conditions have been overturned after his lawyer successfully argued that writing to women did not constitute the beginning of a relationship.
Green had just served 30 months in prison for criminal harassment in June last year and was subject to special release conditions.
One of those conditions required Green to notify his probation officer if he was starting a new relationship.
Just days after being released from prison, Green wrote letters to two women, one of whom he had seen while visiting a shopping centre.
The letter started with the line "hope you don't creep out at this letter".
Green then referred to her as a "beauty".
He also sent text messages to a third woman who had previously been subjected to his unwanted attention.
Corrections prosecuted Green who was found guilty and sentenced at the Manukau District Court in December to a year in prison.
Letters and texts 'one-way communication'
Green's lawyer, Peter Broad, argued his client's letters and text message did not fit the definition of a relationship because it was one-way communication.
He said that meant there was no relationship to tell the probation officer about.
Mr Broad said if the purpose of the condition was to prevent Green from contacting women, then it should have said just that.
He went on to say the condition was also an infringement of basic human rights if it meant a restriction on Green's freedom of expression.
But the lawyer for Corrections, Mike Walker, said the condition was there to protect the public from a threat.
He also said the condition was designed to prevent exactly what happened - Green making unwanted contact with women. Mr Walker did acknowledge the wording could have been better and said lessons had been learned.
Mr Walker also argued that Green had started a new relationship when he sent the letters and text messages and all relationships had to start with one person making a first move.
But in her judgement, Justice Thomas found that while Green's letters were aimed at starting new relationships, they did not in themselves constitute a new relationship.
She said if one of the women had responded, then it could have been said to be a relationship.
Justice Thomas concluded by saying when a parole condition is not clear, the meaning which infringes the least on the offender's liberty should be taken.
She found Green was not in breach.
Lawyer to seek resentencing
Green is still in prison.
At his original trial at the district court, Green was also found in breach of his release conditions because he had gang regalia.
His lawyer Peter Broad said he would be now asking the court to resentence Green in light of the other three charges being dismissed.
