Rapist’s legal loophole
THE notorious North Shore Rapist has a strict monitoring system that could send him to jail for using Facebook — yet the allegation he grabbed and kissed a girl was not enough to put him back behind bars.
Attorney-General Mark Speakman has promised to look at this extraordinary loophole in the laws dealing with the state’s worst criminals but refused to step in and order the serial sex attacker’s bail be reviewed.
Graham James Kay, who was released from jail in 2015 after serving 18 years for a string of vicious attacks in the 1990s, has to tell Corrective Services when he goes to the grocery store, who he lives with, where he works and, if directed, can’t leave the house between 9pm and 6am.
For the first year of the order he had to wear an electronic monitoring bracelet, which was removed only last month.
But on Tuesday, police allege he went to a Woolworths supermarket in West- ern Sydney and assaulted a teenage girl, whom he recognised from his former neighbourhood. It is alleged Kay, 66, placed an arm around the supermarket employee and kissed her on the cheek.
Police arrested Kay, who told media yesterday he would plead not guilty, and charged him with common assault and stalk and intimidation. Yet police granted Kay bail, with no daily reporting conditions, except an order he not go near the victim.
Mr Speakman refused to say if he supported giving Kay bail. “I can understand how the community generally and his victims in particular would be very disturbed by all this and the allegations,” he said.
“But it is a police operational matter and he is subject to very strict monitoring conditions at the moment. I will see how this case unfolds and if there is a need to tweak the law in any way, then I am more than happy to take a recommendation to cabinet.”
In an attempt to manage his risk of attacking women again after his jail sentence was served, NSW auth- orities applied to the Supreme Court for an Extended Supervision Order (ESO).
The order — one of about 80 in place in NSW — has 42 stringent conditions on Kay (pictured left), all aimed at limiting the opportunity for him to attack again.
The legal avenue is used when offenders have completed their prison sentence, including parole, but concerns still exist about risk of reoffending.
Breaching any of these conditions can see him charged but there was no specific condition on Kay that prevented him from being charged with an offence.
Since his release he has been working in Warwick Farm and renting a modern apartment in Parramatta.
Victims advocate Howard Brown said police were required to weigh up a person’s criminal history and history of compliance with supervision orders in deciding bail.
“There is no way in the world he should’ve been granted bail,” he said. Kay is expected back in court on