Rapist’s le­gal loop­hole

The Sunday Telegraph (Sydney) - - NEWS - AVA BENNY- MOR­RI­SON CRIME RE­PORTER

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

Tues­day.

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