The Gold Coast Bulletin

LOCK HIM UP

- NICHOLAS McELROY & CHRIS McMAHON REPORT

THIS predator walked from a Southport court on bail yesterday despite admitting to sexually assaulting a woman with the intellectu­al function of a four-year-old. Wayne Clifford Howlett, 74, who has a history of peeping and indecent exposure offences, took the woman aged in her 20s into bushes and undressed her. He says he did not hear his victim say “no” because he wasn’t wearing his hearing aid. Howlett’s lawyer yesterday asked that he not spend time behind bars when he is sentenced next week, but women’s safety groups say he should be locked up.

A GOLD Coast man who lured an intellectu­ally disabled woman into bushes at a popular park and sexually assaulted her has been granted bail at least until next week.

The decision to allow him back on the streets until sentencing infuriated Braveheart­s founder Hetty Johnston who, despite the judge making it clear the man was likely to be jailed, said the community needed to be protected. “He’s clearly a danger to vulnerable people,” Ms Johnston said.

Wayne Clifford Howlett, 74, pleaded guilty to indecent dealing with a person with an impairment of the mind and to sexual assault when he appeared in the Southport District Court yesterday.

Judge Katherine McGinness said until she had read psychologi­cal reports, which had only just been handed to the court, she was considerin­g “actual custody’’ rather than a suspended sentence.

The court was told Howlett approached a woman, who was aged in her 20s and had the intellectu­al function of a three or four-year-old, in June 2016 and asked her if she wanted to have sex.

The woman, who was on her morning walk to a Palm Beach park and cafe, said she did not want sex.

But that did not stop Howlett, who took her into some bushes and undressed her.

He sexually assaulted the woman by touching her.

In a victim impact statement, the woman’s mother said considerab­le effort went into building her daughter’s confidence so that she had “enough independen­ce to enjoy a level of freedom’’.

But that changed after the assault and her daughter was now withdrawn and would cower behind her if a stranger approached.

Crown prosecutor Kathleen Christophe­rson said Howlett had a history of lewd behaviour dating back to the 1980s and 90s when he was convicted of “peeping” and indecent exposure.

Ms Christophe­rson tendered psychologi­cal reports to the court that noted Howlett had an “above average risk of reoffendin­g”.

She submitted he should receive a 12-month prison sentence, adding that previous cases suggested the sentence should suspended.

Defence barrister David Funch, instructed by Buckland Allen Criminal Lawyers, said Howlett had been “able to get on top his problems” because his previous offence was in 1992, and Howlett had not offended since the incident in June 2016.

But Judge McGinness said it was concerning Howlett did not listen to the woman when she refused. “It’s still concerning to me that she still said no. Not only was she incapable of consent, but she also said no,” Judge McGinness said.

Mr Funch said Howlett, a Vietnam veteran, could not hear the woman say no because he was not wearing his hearing aid.

Mr Funch submitted Howlett be given a 12-month suspended sentence.

Judge McGinness said: “I’m going to have to look at be wholly the material because in my view, actual custody is something I am considerin­g.”

She granted Howlett bail and adjourned the matter to a date to be set for next week.

Following his appearance, Howlett tried to avoid media outside by changing out of the clothes he wore in court into other clothes he had taken with him in a plastic bag.

Braveheart­s founder Hetty Johnston said: “We can’t keep sacrificin­g our women and children to these depraved individual­s.

“They’re not stealing your car or your property, they’re actually stealing somebody’s power, their self-esteem, their respect for themselves, their soul. You can’t go to the shop to buy another soul. These matters have to be dealt with properly by the system.”

NOT ONLY WAS SHE INCAPABLE OF CONSENT, BUT SHE ALSO SAID ‘NO’ JUDGE KATHERINE MCGINNESS

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