“ The victim of the alleged assault had been visiting a relative at the hospital. [The Applicant] was seen by a CCTV operator to confront the victim, and hit him over the head with a bottle. The CCTV operator followed [the Applicant] on camera until he was arrested. No recording was made of the CCTV and the victim did not support a prosecution. The matter was not pursued and [the Applicant] has said that he had no involvement in the alleged offence. Noting the facts before it, the panel was satisfied, on the balance of probability, that [the Applicant] had been intoxicated and assaulted a man outside the hospital.”
“If weight is to be given to an allegation of criminal or other misbehaviour in the risk assessment, the Board should first attempt to investigate the facts to enable it to make findings on the truthfulness of the allegation. If, as may often be the case despite its efforts to obtain the needed information, the Board is not able to make such a finding, it should investigate the facts to make findings as to the surrounding circumstances of the allegation which may or may not point to behaviour by the prisoner which is relevant to the assessment of risk. In such circumstances the Board, having regard to public safety, may take into account the allegation or allegations and give it or them such weight as it considers appropriate in a holistic assessment of all the information before it, where it is concerned that there is a serious possibility that those allegations may be true.”