Judges set rapist free despite AG appeals

DESPITE warnings that the state’s most notorious sex offender was “not cured” of his urges, two Queensland judges found Robert John Fardon should be free to live unsupervised in the community.

In August last year, Justice David Jackson dismissed an application by lawyers for Attorney-general Yvette D’ath, who were pushing to have Fardon’s 2013 supervision order extended beyond its October expiration date.

In his decision, the judge took into account evidence from psychiatrist Michael Beech, who said the risk of rapists reoffending after the age of 65 was very low.

“As Dr Beech says, the respondent’s anti-authoritarian attitude is on display, but he has to a very large degree co-operated with case officers and there is no evidence of an ongoing proclivity to criminal offending,” Justice Jackson said.

“There is no evidence of ongoing sexual preoccupation.

“The respondent has been stressed at times, irritable and angry, frustrated and abusive, or isolated and withdrawn. But he has shown no evidence of specific hostility towards females and no proclivity towards further sexual violence.”

While the Attorney-general appealed the decision, Justice Helen Bowskill last week also found Fardon should be released into the community without supervision.

Lawyers for the AG argued that “a further supervision order would reduce the opportunities for (Fardon) to reoffend by removing from him stressors … thereby heightening the risk of reoffence”.

But Justice Bowskill said three psychiatrists said even in stressful circumstances it was “unlikely” Fardon would “respond by reoffending sexually”.