Appeal says rapist Fardon must stay under supervision
QUEENSLAND’S most notorious sex offender Robert John Fardon will not be allowed to live unsupervised in the community after the State Government yesterday won a last-ditch appeal to stop him being released.
The Queensland Court of Appeal yesterday overturned the original decision by Justice David Jackson to release the serial-rapist, finding Fardon would be a “serious danger to the community” if freed from the order.
The 69-year-old’s supervision order was due to expire at midnight last night, having been in place since 2013.
The Court of Appeal considered the view of several medical professionals, who over the past 15 years deemed Fardon’s risk of violent sexual reoffending as substantial, moderate or high.
The court found even though other psychiatrists and psychologists had in recent years found the sex offender’s risk of reoffending had lowered, the “prolonged period of past dangerousness” was a “powerful consideration” to extend the supervision order.
“The fact of the Court’s findings of dangerousness and the number of expert conclusions that the respondent posed a moderate to high level of risk over such a prolonged period, combined with the respondent’s past offending, provide reasonable grounds for believing the respondent is still a serious danger to the community in the absence of a further supervision order,” the judgement said.
A supervision order requires serious sexual offenders to report to and receive visits from police, abide by curfews or monitoring and not live within certain distances of schools or children’s playgrounds.
The offender cannot leave Queensland without permission and can be drug or alcohol tested.
Chief Justice Catherine Holmes, Justice Robert Gotterson and Justice James Henry yesterday extended Fardon’s supervision order until a further hearing is listed, where two independent psychiatric reports will have to be produced.
At the hearing, the State Government will have to make a fresh application to stop Fardon being released unsupervised and extend the interim order put in place by the court.
Fardon, considered one of Queensland’s worst sex offenders, was jailed for 13 years in 1988 for the violent rape of a woman and shockingly committed a further rape just four months after being released from jail. He is also responsible for the rape of a 12-yearold girl at gunpoint.
Attorney-General Yvette D’Ath said she “welcomed” the court of appeal decision.
Outside court, Bravehearts founder Hetty Johnston said the decision was a “win for the little people”.