A prisoner with a violent history will not go back to prison to serve the last six weeks of his sentence, despite an alleged violent assault.
Former Mongrel member John Gillies, 36, was jailed for seven years in 2005 for assaulting two policemen and possessing cocaine and methamphetamine.
He has 106 convictions, 34 of them for violence, including the 1993 screwdriver stabbing of Gisborne policeman Nigel Hendrikse, which left him permanently disabled.
Gillies was released on parole in May last year to live at an undisclosed location.
But he was recalled to prison in February after he was charged with assault and breaching his parole conditions.
Gillies denied the assaulting a man and threatening to return with a bat.
A parole board decision released today says Gillies will remain free because of lack of evidence in relation to the incident after a witness did not answer their summons.
His release is subject to conditions, including not possessing alcohol or drugs, a curfew and to undertake counselling and psychological assessments.
Gillies is expected to be freed in May when his sentence ends.