Archive for April, 2012

New laws: Derek Percy could be compelled to answer questions about the disappearance of Linda Stilwell.

Parents’ rights must rule over Percy’s

• Alan Howe
• From: Herald Sun
• April 23, 2012 12:00AM

Derek Percy could be compelled to answer questions about the disappearance of Linda Stilwell

DEREK Percy‘s life might have sidled past unimportant and unrecognised. If only it had.

But since his early years living at Mt Beauty, where his detached dad worked for the old SEC, the apparently intelligent Percy drew attention to himself as a deviant oddball.

As is too often the case, what might have been unsettling behaviour led to sadistic murder.

We don’t know much about Derek Percy, and what he knows, he’s not telling. Informed opinion is that he has much to tell.

Percy is Victoria’s longest-serving prisoner. He murdered Yvonne Tuohy at Warneet beach in 1969.

I cannot describe here what he did to the 12-year-old, but the paedophile psychopath so dreadfully killed her and mutilated her body that it was decided he was insane.

For almost 30 years he was held, unconvicted, at ‘the Governor’s pleasure’.

Governors rightly drawing pleasure from his incarceration included Sir Rohan Delacombe, Sir Henry Winneke, Sir Brian Murray, the Reverend Davis McCaughey, Richard McGarvie and Sir James Gobbo, among them great legal minds of our times.

They saw fit for him to remain behind bars, and so has the system since it reverted to keeping insane – or simply manipulative – killers in jail until they are judged fit to re-enter society.

It is well known that Percy’s modus operandi – a beach, a young child, a cruel murder- make him a prime suspect in some of Australia’s greatest unsolved crimes.

He was there at, or could have been, and certainly hasn’t ruled himself out of, the murders or disappearances of Linda Stillwell (St Kilda, 1968), the Beaumont children (Jane, Grant and Arnna, Glenelg, 1966), the Wanda Beach girls (Christine Sharrock and Marianne Schmidt, Sydney, 1965), Simon Brook (Sydney, 1968) and Allen Redston (Canberra, 1966).

Perhaps Percy killed none of them, despite convincing circumstantial connections, but police in several states are certains of his links to the crimes.

“I may have, but I can’t remember,” is Percy’s flippant response to questions about them.

It’s time the state took control of this. Percy is 64. Many parents of those other eight he possibly killed have died, never knowing their children’s fate.

It’s human nature to cling to the slimmest hope in such circumstances, and it eats acidly away in the cruellest manner.

Yesterday Dr Michael Keane, a consultant anaesthetist who has worked as a psychiatry registrar in London and researches at Swinburne’s Brain Science Institute, spoke of the damage suffered by these secondary victims of crime.

He says the damage done to the brains of the families whose child is missing or has been killed can be “ruinous”.

That they suffer brain damage is “fundamental to neuropsychology”.

“It can lead to chronic anxiety and disruption of sleep … as they churn over what’s happened, relive the moment; it’s a lifelong sentence of never being able to rid yourself of these horrible moments,” he said.

Psychotic and morbid depressions are symptoms, suicide not uncommon.

Dr Keane describes these victims as “truly the most vulnerable people in society”. News or evidence of their loved ones can help “negate the hopelessness”.

“If we can do something to help them, we need to think about it,” he said.

That “do something” should be encouraging Percy to tell us about his involvement in those other cases.

Legislation should be prepared that would allow the Attorney-General to subject Percy to a polygraph test, or interview under the influence of thiopental, which would make him talkative and less defensive – telling lies can be complex, the truth is easy.

“It’s not an onerous task to be forced to take one of these tests, it’s not onerous to be given a little medicine; indeed, it’s quite safe,” Dr Keane said.

For Percy it’s a minor inconvenience. On the other side of the ledger are long lives of torture.

Former senior Victorian policeman Steve van Asperen specialises in cognitive behavioural interviewing techniques.

He is highly trained in the use of polygraph testing, but says that in nine out of 10 cases he can pick a lie through verbal, non-verbal and paralinguistic mannerisms that subconsciously leaven our speech.

He would rather a compliant Percy than a coerced one in any polygraph interview – hostile subjects can partly undermine the process, but there are carrots to be dangled before Percy, who hopes to be moved to another institution.

“The only way I’d be happy (about testing someone) would be if they voluntarily consented,” said Mr van Asperen who, along with Dr Keane, has doubts about the effectiveness of drugs to secure the truth.

Would he get the truth from Percy? “If he co-operated and sits still, yes.”

The family of murdered teenager Daniel Morcombe don’t have much, just some runners and scant remains, but even that brought welcome relief from years in an information vacuum.

We are not seeking evidence to be admissible and tested in court.

We just want to ease the endless suffering of six families, to give them something – anything – to relieve the pain.

Percy should sit a polygraph test and be medicated and questioned over his role in other murders.

If he is innocent, here’s his chance to say so.

It’s hardly waterboarding.

Supreme Court of Victoria

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In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179 (31 March 2010)

Last Updated: 4 May 2010




No. 1469 of 1998

IN THE MATTER of a Major Review of Derek Ernest Percy pursuant to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

IN THE MATTER of an application by Derek Ernest Percy for a variation of a Custodial Supervision Order


WHERE HELD: Melbourne

DATE OF HEARING: 17, 18 & 19 August 2009 (Cummins J)

DATE OF JUDGMENT: 31 March 2010

CASE MAY BE CITED AS: IMO major review of Derek Ernest Percy


CRIMES MENTAL IMPAIRMENT MAJOR REVIEW – Reviewee detained in custody in a prison – Whether Court satisfied that release on a non-custodial supervision order would seriously endanger the safety of members of the public – Application to vary place of custody – Relevant principles – Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ss 35, 39, 40, 75 – Charter of Human Rights and Responsibilities Act 2006 ss 7, 22.

APPEARANCES: Counsel Solicitors

For the Applicant Mr P. Higham Victoria Legal Aid

For the Secretary of the Department of Human Services Mr P.J. Matthews Department of Human Services

For the Director of Public Prosecutions Ms J. Carpenter Office of Public Prosecutions

For the Attorney-General Mr P. Halley Victorian Government Solicitor

For the Secretary of the Department of Justice Mr G. Gilbert Corrections Victoria


1 This is the third major review under s 35 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (“the Act”) relating to Derek Ernest Percy (“the reviewee”). Also before the Court is a Notice of Application by the reviewee for variation of a custodial supervision order. By that Notice, the reviewee seeks to have his custodial supervision order varied to a non-custodial order.

2 The reviewee’s forensic history is long. On 10 April 1970, he was found not guilty of the murder of 12 year old Yvonne Tuohy on the grounds of insanity. He was ordered to be detained until the Governor’s pleasure became known. He remained so detained until the Act came into effect in 1998. He was then deemed to be the subject of a custodial supervision order for 25 years from 20 July 1969 (the date he first went into custody).

3 Major reviews were undertaken by Eames J (as he then was) in 1998 and Kellam J (as he then was) in 2004. This major review was commenced by Cummins J in August 2009. It remained uncompleted due to his Honour’s ill-health at the time of his retirement in November. These reasons should therefore be read in conjunction with the reasons of their Honours Justices Eames and Kellam.

4 The parties have agreed that I could decide the matter on the basis of the material which had been tendered before Cummins J and the transcript of evidence heard by him. Counsel for the reviewee agreed with that course and specifically took no objection to the fact that during my time as Director of Public Prosecutions, I was present at a presentation by Victoria Police relating to the allegation that the reviewee was involved in other murders. In the result, the existence of those allegations was bound up with the circumstances surrounding these applications.

5 The importance of the allegations is that they interfered substantially with the progress which the reviewee was able to make over the period since the last major review.

6 Kellam J, in his decision,[1] confirmed the custodial order and declined to order the transfer of the reviewee to Thomas Embling Hospital.[2] Towards the end of his reasons, Kellam J observed:[3]

In my view, the appropriate course is for Corrections Victoria to endeavour to engage with the reviewee in a sex offender program of the type they have agreed before me to provide to him. This is a program which will be provided in prison.

It is far too early to assess whether any progress can be made in this regard. However, that said, I accept the evidence given before me that Corrections Victoria has an established regime for treatment of sex offenders and for persons suffering from psycho-sexual disturbances, although perhaps not as extreme or entrenched as that suffered by the reviewee. I accept the evidence given before me that expertise in this regard has developed apace in recent years and that there have been recent changes which will enable long-term prisoners to participate in such a program and that a place will be found for him in such a program. I accept the evidence of Ms Owen that a custom made treatment regime can be designed for the reviewee and will be provided to him if he proves to be amenable to treatment.

There has been some assessment of him already in the prison. To a limited degree, the reviewee has engaged with a therapist, Margaret Lancaster. Thus, the evidence before me is that resources for providing appropriate therapy are available in the prison system.

The consequence of the program being provided in prison are that the circumstances in which the reviewee presently lives and engages in his hobbies and, indeed, his employment, will continue without disruption to his life.

Certainly I accept the evidence given before me by Professor Mullen and by Professor Ogloff that the Thomas Embling Hospital has the capacity to provide a sophisticated sex offender program on an individual basis. I accept that there are good reasons as a matter of principle why a person who has been found not guilty of the serious crime of murder on the grounds of crimes mental impairment should not be detained in a prison.

However, taking into account the fact that Corrections Victoria will provide such a program, and notwithstanding the serious issue of principles the reviewee being now the only person in a Victorian prison who has been found not guilty of the crime of murder on the ground of insanity, the transfer to the forensic psychiatric facility at the Thomas Embling Hospital is, in my view, not appropriate or justified.

If the reviewee genuinely engages with those who are now prepared and, as I have said, have in effect undertaken to this court to provide, both psychiatric and psychological assistance to him in the nature of a sex offender program, it may well be that at some further review it will become a matter of serious consideration as to whether such a transfer from prison to a psychiatric hospital should take place. That is all in the future and depends greatly upon whether the reviewee is prepared to engage with his therapists and upon whether such engagement reveals any possibility that the serious danger which the reviewee now presents to the community can in any way be reduced.

However, I do not consider a transfer from prison to be appropriate at this time. In all of the circumstances I do not propose to direct that there be a further review in a lesser period than an interval not exceeding five years as required by s.35(1)(b) of the Act.

7 What followed for the reviewee after the making of that order can be set out in summary form.

8 Following the hearing in March 2004, the reviewee was transferred to Ararat. This was done to facilitate his engagement in “individual-based treatment” provided by the Department of Corrections as part of the Sex Offenders Programme. A treatment programme commenced in May 2004 and continued until January 2005 and involved 25 individual sessions with psychologist, Sara Noakes. The sessions were reasonably positive and the reviewee was making some progress when the treatment came to an end. At this time, the reviewee became the subject of ongoing police investigation into a series of unsolved murders which occurred more than 40 years ago. That has involved the reviewee’s appearance at two inquests, one in New South Wales and one in Victoria. Although it is not absolutely clear from the material, no final resolution has been reached in relation to those matters. The reviewee, at least, is of the belief that nothing will come of those matters and to some extent Acting Assistant Commissioner Money is of the same view.

9 As a result of a request by the Homicide Squad for an interview, the reviewee was transferred to Port Phillip in the early part of 2005. He was classified as a maximum security prisoner. His treatment programme ceased. He remained in Port Phillip until December 2005 when he was transferred to maximum security at Barwon. Earlier, in December 2005, he had been to Sydney for the coronial inquest referred to above.

10 In February 2006, the reviewee was visited by Dr Karen Owen, a psychologist, as the person in charge of the Sex Offenders Programme. Dr Owen had the oversight of the treatment of the reviewee by Ms Noakes. Dr Owen offered the reviewee an opportunity to engage in an alternative treatment programme. The reviewee declined on the basis that the other criminal matters had not been resolved, that his placement was uncertain and that Ms Noakes, with whom he had built a rapport, had left the Department.

11 He expressed, as at least some part of that rationale, that if he were to be convicted of some other offence he would be sentenced to life imprisonment and this treatment would be in vain.

12 It should be observed that the treatment anticipated by Kellam J had by then been interrupted for a complete year.

13 The reviewee was in maximum security either at Port Phillip or Barwon until he was personally reclassified with a medium security rating by Acting Assistant Commissioner Brendan Money, who is in charge of Offender Management Services for Corrections Victoria. As a result, he could be transferred to Ararat and there would be no bar to his transfer to Marngoneat Correctional Centre subject to the matters which I will address below.

14 Acting Assistant Commissioner Money was told by the reviewee that he did not want to move until this review had been resolved and that he did not wish to engage “in clinical intervention” until all of his court matters have been resolved. It is not surprising that a person who has been detained for more than 40 years places high importance on his ability to have a settled regime, his wariness that he might be transferred only to be re-transferred is also understandable.

15 The reviewee is currently detained at Port Phillip as a medium security prisoner. I will resolve this review, but I simply do not know whether all other outstanding matters have been resolved.

16 Although the application for variation of the custodial order was before me, it was not seriously contended that I could be satisfied pursuant to s 32(2) “on the evidence available that the safety of the person subject to the order or member of the public will not be seriously endangered as the result of the release of the prisoner on a non-custodial supervision order”. The part of the application which seeks to vary the place of custody, pursuant to s 32(1)(b), still falls to be considered.

17 In general, that application involves consideration of the same aspects relevant to a major review.

18 Section 35(3) relevantly provides that:

On a major review, the court-

(a) if the supervision order is a custodial supervision order-

(i) must vary the order to a non-custodial supervision order, unless satisfied on the evidence available that the safety of the person subject to the order or members of the public will be seriously endangered as a result of the release of the person on a non-custodial supervision order; or

(ii) if so satisfied, must confirm the order or vary the place of custody.

19 It is contended on behalf of the reviewee that the evidence regarding his forensic profile is not entirely satisfactory. The evidence of Professors Mullen and Ogloff indicates that not very much is known clinically about the reviewee, notwithstanding that he has been in custody in excess of 40 years.

20 It is not submitted, however, that the available evidence does not support the conclusion “that the safety of the person subject to the order or members of the public will be seriously endangered as a result of the release of the person on a non-custodial supervision order”.

21 That issue is best summarised by Professor Ogloff in his report, where he said[4]:

Risk of reoffending

While it is normally the case that systematic or statistical prediction schemes are more useful than unstructured clinical judgment for identifying the factors that have been found to empirically predict sexual offending, the fact is that in Mr Percy’s case, the prediction of risk is very difficult to assess with any degree of certainty. The reason being that, fortunately, events such as the acts committed by Mr Percy are incredibly rare and there has been no well constructed and systematic study of this population. The research that does exist is limited to case studies or small samples. Thus, the validity of any conventional violence or sexual offence risk instruments in this matter would be suspect. On those conventional measures (e.g. Statio-99, Risk for Sexual Violence Protocol), his level of risk would be characterised as being in the medium to high risk range.

Based on my clinical appraisal of Mr Percy’s risk for future harm, informed by empirical research on sexual violence and re-offending, it remains my opinion that Mr Percy presents a high risk of re-offending in a violence and sexual manner. As indicated in my 2003 report, and alluded to above in this report, the particular concern is the extent to which the intense, sadistic, paedophilic fantasies that he is known to have experienced for at least five years, beginning when he was 15 or 16 years old are still present. As noted above, given the intensity and specificity of the fantasies, and the fact that he acted on them in the index offence, it is highly unlikely that the fantasies abated as readily as Mr Percy would have us believe. Indeed, by his own early admission, the fantasies were entrenched by his use of them as a masturbatory aid and the intensity of the fantasies led to him abducting, torturing, and brutally killing his young victim.

Not only are sadistic sexual homicides particularly rare, but in my experience it is very unusual for an offender to be able to engage in the range of fantasies they have. In Mr Percy’s case, though, he persisted to abduct and carry out the acts against Yvonne Tuohy despite being challenged by the young boy, Shane Spiller. Many of the acts he committed against Miss Tuohy were things about which he had written in the writings seized at the time he was arrested.

Contemporary scholarship in risk assessment suggests that when faced with a high level of historical risk for violence, such as in Mr Percy’s case, one must be convinced by a significant, long-term change in behaviour that exists across situations, prior to determining that the risk for violence has actually reduced. Given that Mr Percy has never been in a situation where his past history of sexual violence is tested, it is impossible to say at this time that there has been any significant change in that level of risk. As such, it is my opinion, based on the information available, that should he be released from a secure setting, Mr Percy would present a high risk of re-offending in a sexually violent manner.

Summary and opinion

Despite the years that have elapsed since my last report, little has changed for Mr Percy from a risk assessment perspective. Although he has received some treatment, that treatment was of relatively brief duration (25 sessions) and ceased some four years ago. Mr Percy has not elected to return to treatment so long as the pending investigations are underway and while he is at Port Phillip Prison.

Mr Percy does not suffer from a major mental illness at the present time. He is of above average intelligence and he has no history of substance abuse or dependence. Mr Percy meets the criteria for a diagnosis of Paraphilia, namely Paedophilia and Sadism. Mr Percy also meets the criteria for a diagnosis of Schizoid Personality Disorder. Indeed, he is a loner and he is emotionally withdrawn and distant. He engaged in activities in isolation and does not engage with others. Indeed, even on the night before the offence, Mr Percy went to a drive-in theatre alone. Such behaviour is atypical for a young sailor on leave.

In his favour, Mr Percy’s level of interpersonal engagement continues to improve, though is still atypical for a man his age. This is likely due to the fact that as he ages, some of the more extreme characteristics of his schizoid personality are becoming tempered.

As is characteristic of Mr Percy, he remains guarded with me and other mental health professionals. While this may be understandable, particularly since he is yet again under investigation for other offences, he has not been able to fully engage in treatment and to move forward. He received some treatment in 2004/2005, though it was only a beginning. Mr Percy is now back in a maximum security institution which, to my knowledge, is standard protocol for a prisoner under investigation. Thus, rather than making any progress since the last review, arguably Mr Percy has taken a step backwards. While Mr Percy has stated that he is motivated for treatment, he has chosen not to recommence treatment for the time being. To this end, Mr Percy said to me that ‘if I was to get convicted of a murder, I would get a life sentence and there’d be no point for treatment’.

There is an ongoing question in Mr Percy’s case as to whether custody should be transferred from Corrections Victoria to the Victorian Institute of Forensic Mental Health. Indeed, Mr Percy is the sole person in Victoria who was found Not Guilty by Reason of Insanity (as it was then known) to be held in custody in prison. Mr Percy does not require the facilities of the Thomas Embling Hospital for any conventional psychiatric treatment for mental illness. It is the case, however, that the Victorian Institute of Forensic Mental Health has the resources and capacity to provide Mr Percy with the level of treatment required to address the matters pertaining to his sexual offending. Mr Percy remains willing to transfer to the Thomas Embling Hospital – ‘if it is permanent’.

As I noted in my 2003 report, even with treatment, there is no assurance that Mr Percy could be successfully treated to the point where he could safely be released from custody. In addition to his treatment needs, Mr Percy is a highly institutionalised man. He has been incarcerated continuously for 40 years. He has never lived independently and he has never had an intimate relationship. His life is devoid of virtually all features that would constitute a ‘normal life’. Perhaps the only detail of his life that shares any semblance of normalcy is that he has been regularly employed for most of his time in prison. Any long-term consideration of his release would need to include an integration plan.

Taken together, I make the following recommendations in light of the current proceedings:

1. Mr Percy continues to present a high level of risk for violent sexual re-offending. As such, he requires ongoing detention in a secure facility.

2. Mr Percy requires an ongoing period of treatment with an experienced psychologist or psychiatrist to address his sexual disorder and level of risk it represents. Until this can occur, over the long-term, it will be difficult to ascertain whether any changes have been made in Mr Percy’s situation. Ideally such treatment should occur in a therapeutic environment as that offered by the Thomas Embling Hospital or Marngoneat Prison.”

22 Based on that opinion, which was subsequently confirmed in evidence, I am affirmatively satisfied of the matters in s 35(3)(a)(i) and do not need to separately consider s 32(2). There was no challenge to the Professor’s conclusion regarding risk.

23 I am then faced with the application to vary the place of custody both under s 32(2) and pursuant to s 35(3(a)(ii).

24 It is in this context that I am asked to have regard to the Charter of Human Rights and Responsibilities Act 2006 (“the Charter”). I am satisfied that s 32 of the Charter applies and I will interpret the provisions of the Act in a way compatible with human rights.

25 In accordance with the Charter, the reviewee gave Notice to the Attorney-General and the Victorian Human Rights and Equal Opportunities Commission as questions which arise in the interpretation of the Act. The portions of the Notice relevant for present purposes are:

2. The questions of law are

(a) Whether the Applicant’s right to humane treatment when deprived of liberty (s.2) is and would continue to be breached by his present and any further incarceration at Port Phillip Prison under an extension of an existing Custodial Supervision Order made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(b) Whether his present or any further incarceration at Port Phillip Prison under the extension of an existing Custodial Supervision Order is and would be a continuing unreasonable limitation on his rights (s.7) in that the Department of Human Services, the Office of Corrections and the Department of Justice have an obligation to provide the least restrictive means available to achieve the purpose of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(c) Whether the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 should be interpreted in a way that in [sic] compatible with human rights.

3. The interpretations sought are

(a) That the applicant’s incarceration in a maximum security prison after a period of forty years at the Governor’s pleasure and subsequently under a Custodial Supervision Order breaches his right to humane treatment.

(b) That there is an evidentiary burden on the Department of Justice, the Office of Corrections and the Department of Human Service to show that there are no less restrictive means in providing for the protection of the community from any perceived risk from the applicant under a custodial Supervision Order than his present incarceration.

(c) That the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 should be interpreted consistently with its purposes, as compatible with human rights.

4. The applicant does not seek a declaration of inconsistency with the Charter of Human Rights and Responsibilities.

26 In support of the matters contended for in the Notice, written submissions were provided on behalf of the reviewee. Submissions were also provided on behalf of the Attorney-General.

27 The reviewee placed reliance upon s 7 of the Charter, which provides:

Human rights-what they are and when they may be limited

(1) This Part sets out the human rights that Parliament specifically seeks to protect and promote.

(2) A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including-

(a) the nature of the right; and

(b) the importance of the purpose of the limitation; and

(c) the nature and extent of the limitation; and

(d) the relationship between the limitation and its purpose; and

(e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

(3) Nothing in this Charter gives a person, entity or public authority a right to limit (to a greater extent than is provided for in this Charter) or destroy the human rights of any person.

28 The right sought to be protected and promoted in this case is that contained in s 22, which provides:

Humane treatment when deprived of liberty

(1) All persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person.

(2) An accused person who is detained or a person detained without charge must be segregated from persons who have been convicted of offences, except where reasonably necessary.

(3) An accused person who is detained or a person detained without charge must be treated in a way that is appropriate for a person who has not been convicted.

29 It was submitted on behalf of the reviewee that s 22 would be breached by his detention in maximum security, in this case his detention variously at Barwon and Port Phillip.

30 In particular, reliance is placed upon s 22(2) to be read in conjunction with s 7(2)(e). (The reviewee submitted that the terms of s 22(2) directly applied to his position). Although ss 22(2) and (3) may or may not apply in strict terms to a reviewee, it is argued on his behalf that by analogy they do apply.

31 Further, it was submitted that various policy considerations employed by the Office of Corrections, which “compelled” the Office to detain the reviewee in maximum security, were inconsistent with his human rights.

32 In the argument advanced on behalf of the Attorney-General, it was submitted that the provisions of the Act recognise the human rights of the reviewee and the Charter is therefore not otherwise engaged. That argument is based upon s 39 of the Act.

33 Section 39 of the Act provides:

In deciding whether to make, vary or revoke a supervision order, to remand a person in custody, to grant a person extended leave or to revoke a grant of extended leave under this Act, the court must apply the principle that restrictions on a person’s freedom and personal autonomy should be kept to the minimum consistent with the safety of the community.

34 I am persuaded by that argument. I will act in accordance with s 39. In so doing I recognise the human rights of the reviewee and have regard to them.

35 On the other hand, even if it were accepted that the words of s 35(1)(b) of the Act did impugn the rights described in s 22 of the Charter, in carrying out the balancing exercise required by s 7 of the Charter the presence of s 39 in the Act leads me to the same conclusion.

36 I am also satisfied that the question of the holding of the reviewee in maximum security and the rules which govern it are, as was in submitted on behalf of the Attorney-General, “beyond the scope of the proceeding”. It is unnecessary for me to consider whether the reviewee may have separate rights in proceedings to which any of the relevant Departments may become a party.

37 The question then arises as to where it is that the reviewee should be detained consistent with s 39.

38 On the one hand, both Professors Mullen and Ogloff suggest that a programme could be developed at Thomas Embling Hospital for the reviewee so that he could have treatment. Although it will be observed that in his report Professor Ogloff also thought that “Marngoneet” was an alternative.

39 Marngoneet is a facility operated by the Department of Corrections. It was described by Acting Assistant Commissioner Money in his affidavit where he said:

27. In the future, should it be necessary for reasons of Mr Percy’s treatment, it would also be possible for Mr Percy to be transferred to the Marngoneet Correctional Centre, which is a modern, medium security facility which provides intensive treatment and offender management programs for prisoners. The decision to move Mr Percy to Marngoneet Correctional Centre can be made by me personally, given the special significance of this case, or through the review processes set out above involving the local review panels and the Sentence Management Unit.

28. The physical design of Marngoneet maximises normal living conditions and minimises institutionalisation, shapes social interaction, provides small living units and promotes significant levels of personal and social responsibility. The design includes industry, education, recreation and program facilities that provide service providers and prisoners with a setting that supports security, safety, learning and behavioural change. I am confident that, in the absence of any changes to Mr Percy’s risk profile, that both Mr Percy’s needs and risk factors could be adequately managed at the Marngoneet Correctional Centre.

40 Miss Penelope Golias, who was, at the time of making her affidavit in August 2009, the Acting Manager of the Sex Offenders Programme for Corrections Victoria, swore:

Treatment available to Mr Percy

16. The progress report prepared by Ms Noakes dated 24 June 2005, states that in her opinion, Mr Percy should be given the opportunity to continue to engage with offence specific treatment with the aim to work towards being open and ready for group treatment at a later stage. The progress report was written approximately five months after Mr Percy’s one on one treatment ceased and was written from Mr Percy Annual Review conducted by Sentence Management Unit in July 2005.

17. It is my understanding from my discussions with Acting Assistant Commissioner Money that Mr Percy has now indicated that he might consider engaging in some intervention or support once his outstanding legal matters are resolved and he is moved from Port Phillip Prison. Due to the time that has expired since his last engagement with treatment, it would be necessary for Sex offender Programs to meet with Mr Percy and conduct a detailed clinical risk/needs assessment of Mr Percy before I am able to comment on the most appropriate form of treatment for him.

18. However, should Mr Percy remain in the correctional system and be willing and suitable for the treatment program recommended by Ms Noakes, the Sex Offender Programs Prison Program, run from the Marngoneet Correctional Centre in Lara, Victoria can offer Mr Percy a number of different treatment intervention pathways, including individual ‘one on one’ treatment with a clinician and, when and if he is ready, group treatment. I understand that it is likely that Mr Percy will, at least initially, be reclassified to Ararat Prison after the conclusion of these legal proceedings and forthcoming coronial inquest. The Manager, State-wide Clinical Services, Dr Annie Thomas, has indicated that Corrections Victoria’s Clinical Services would be able to provide intervention to Mr Percy at Ararat Prison. The focus of the intervention would be treatment readiness to assist in reengaging Me Percy in offence specific treatment. If Mr Percy is willing to engage in offence specific treatment, an assessment by Sex Offender Programs will be conducted and advice regarding Mr Percy’s intervention plan will be provided to Acting Assistant Commissioner Money. I understand from my discussions with Acting Assistant Commissioner Money, that he will arrange Mr Percy’s transfer to Marngoneet Correctional Centre if and when it is appropriate.

41 It should be noted that in her progress report dated 24 June 2005, Ms Noakes indicated the reviewee had started to make some progress. In particular, she noted that although the reviewee had commenced treatment with an expectation that he would be able to prove he no longer posed a risk to the community, as treatment progressed he became more interested in the issues of how and why he came to offend. That at least was an indicator of a willingness to engage in the therapeutic process. As a result of the improved engagement, his sessions increased from fortnightly to weekly between September 2004 and February 2005.

42 That would lead me to conclude that there are possible therapeutic outcomes within the prison system. That is reinforced by Acting Assistant Commissioner Money’s knowledge from an association with the reviewee. It became clear from his evidence that Money was very conscious of the plight of the reviewee in the past and that he would do what he could to alleviate it.

43 Professors Mullen and Ogloff are particularly concerned that the reviewee is the only person in Victoria who is detained in a prison having been acquitted by a jury on the grounds of insanity. That is exacerbated by the fact that his detention has now been for 40 years. It follows that they are both of the view that a better solution should be found for the reviewee than detention in a prison. In particular, incarceration in a maximum security prison since such incarceration led to the suspension of treatment for the reviewee since early 2005.

44 I am also of the view that in part the views of Professors Mullen and Ogloff are formed by their knowledge that few treatment options were available in the past and of course by the immediate history of the reviewee.

45 Were it not for the evidence of Acting Assistant Commissioner Money, I would have regarded the prospects of the reviewee in the prison system as bleak.

46 I do not regard the fact that the reviewee is the only prisoner who has not been transferred to hospital as of itself justifying transfer. It is simply one of the considerations in a very difficult case. That argument existed at the time of the major reviews in 1998 and 2004, but did not carry the day.

47 It seems to me that in particular, Professor Mullen was concerned that the alternative was maximum security in a prison because that is what has happened to the reviewee in the more recent past. That is no longer the position.

48 As I have already outlined, although the attitude of the reviewee is understandable, attempts were made in 2006 to recommence his treatment which he refused in the circumstances which I have set out. It also appears that the reviewee could have returned to Ararat in September 2009 when he was re-classified but he declined.

49 Without going so far as saying that the reviewee is in part the cause of his difficulties, it does demonstrate how complicated the process of the review is.

50 In his report, Professor Ogloff said that the reviewee did not want to go to Thomas Embling Hospital unless the transfer was to be permanent. In his evidence, however, it was put to Professor Ogloff that the reviewee could go to Thomas Embling Hospital on a temporary basis, i.e. for about six months, to see how he went. He agreed that it was possible that a transfer to Thomas Embling Hospital could take place, to be reviewed after a trial period of six months and that this is the option suggested by counsel on behalf of the reviewee. It is not clear what would happen if the reviewee “failed” the trial, except that it would be inevitable that he would be returned to prison. If he is, at some date in the future, charged with some serious criminal offence, his transfer back to prison would also be inevitable.

51 Professor Ogloff also recognises the possibility of the transfer of the reviewee to Marngoneet, but thought his possible treatment there would be confined to traditional sex offender treatment, which he would not regard as suitable for the reviewee. I do not take the joint recommendation of Money and Golias to be confined to a traditional sex offenders program.

52 As outlined above, s 35(3) of the Act requires me to vary the order to a non-custodial order or confirm the order or “vary the place of custody”.

53 As I have already pointed out, s 39 applies “In deciding whether to make, vary or revoke a supervision order” and applies to my task here pursuant to s 35. The Act also requires me to take into account the factors set out in s 40.

40. 40 Matters to which the court is to have regard

o (1) In deciding whether or not to make, vary or revoke an order under Part 3, 4 or 5 in relation to a person, to grant extended leave to a person or to revoke a grant of extended leave, the court must have regard to—

 (a) the nature of the person’s mental impairment or other condition or disability; and

 (b) the relationship between the impairment, condition or disability and the offending conduct; and

 (c) whether the person is, or would if released be, likely to endanger themselves, another person, or other people generally because of his or her mental impairment; and

 (d) the need to protect people from such danger; and

 (e) whether there are adequate resources available for the treatment and support of the person in the community; and

 (f) any other matters the court thinks relevant.

o (2) The court cannot order a person to be released unconditionally or otherwise release a person from custody under Part 3, 4 or 5, or significantly reduce the degree of supervision to which a person is subject, unless it—

 (a) has obtained and considered the report of at least one registered medical practitioner or registered psychologist, who has personally examined the person, on—

 (i) the person’s mental condition; and

 (ii) the possible effect of the proposed order on the person’s behaviour; and

(ab) in the case of a person who is subject to a supervision order, has obtained and considered the report of a person having the supervision of the person subject to the order; and

(b) has considered the report submitted to the court under section 41(1) or (3) (as the case may be); and

(c) is satisfied that the person’s family members and the victims of the offence with which the person was charged (if any), have been given reasonable notice of the hearing at which the release or reduction is proposed to be ordered; and

(d) has considered any report of the family members or victims made under section 42; and

(da) in the case of an application for extended leave—has considered the leave plan filed under section 57A; and

(e) has obtained and considered any other reports the court considers necessary.

(3) Subsection (2)(c) does not apply if section 38C provides that notice is not to be given, or need not be given, to a family member or victim.

(4) The court cannot make a further grant of extended leave for a person who is on extended leave at the time of the application unless the court has obtained and considered—

• (a) the report of at least one registered medical practitioner or registered psychologist, who has personally examined the person, on—

o (i) the person’s mental condition; and

o (ii) the possible effect of the proposed further grant on the person’s behaviour; and

• (b) the leave plan filed under section 57A.

54 It is not urged on me that in this case the factors described in s 40(1)(a) to (e) could be resolved in a way which was favourable to the reviewee, or in a way which for many years yet, could be resolved in favour of the reviewee.

55 It was not urged on the Court that s 40(2) would have application in this case.

56 The question ultimately to be addressed is where the reviewee is to be detained consistent with the application of the principle “that restrictions on a person’s freedom and personal autonomy should be kept to a minimum consistent with the safety of the community”.

57 The argument in favour of the transfer to Thomas Embling Hospital can be expressed relatively simply. The reviewee has been found not guilty of murder by reason of insanity (the then equivalent of mental impairment). If he were so acquitted today, he would be admitted to hospital (specifically in Victoria, Thomas Embling Hospital). I accept on the unchallenged evidence of Professors Mullen and Ogloff and Dr Bell the Assistant Clinical Director (Inpatient Operations) for Thomas Embling Hospital, that this is the practical reality, but it does not accord with the legal position in Victoria.

58 Section 26 of the Act provides:

(1) If a court declares that a person is liable to supervision under this Part, the court must make a supervision order in respect of the person.

(2) A supervision order may-

(a) commit the person to custody (custodial supervision order)-

(i) subject to subsection (3), in an appropriate place; or

(ii) subject to subsection (4), in a prison; or

(b) release the person on conditions decided by the court and specified in the order (non-custodial supervision order).

(3) The court must not make a supervision order-

(a) committing a person to custody in an appropriate place; or

(b) providing for a person to receive services in an appropriate place or from a contracted service provider or the Secretary to the Department of Human Services-

unless it has received a certificate under section 47 stating that the facilities or services necessary for the order are available.

(4) The court must not make a supervision order committing a person to custody in a prison unless it is satisfied that there is no practicable alternative in the circumstances.

* * * * *

(8) A person who is detained in custody in an appropriate place under a supervision order is deemed to be in the custody of the Secretary to the Department of Human Services.”

59 It follows that even though it is very unlikely, on the evidence, the possibility exists of a person who is the subject of a supervision order being detained in prison. I do not regard s 26(4) of the Act as otherwise relevant.

60 I do not regard the argument as compelling, principally because it might involve an analysis of whether or not the reviewee would now be found not guilty on the ground of mental impairment. I do, however, have regard to the proposition that subject to s 26(1), (2)(a)(ii) and (4), a person in like position to the reviewee would be detained in a hospital.

61 The next consideration is that the reviewee is the only person in Victoria who has been acquitted by reason of the equivalent of mental impairment, who is detained in prison. That is an important consideration, but not one which can inform me as to the appropriate outcome of this case.

62 It cannot, for instance, be a justification for saying that it alone compels the transfer of the reviewee to hospital. It does not compel the conclusion that even in an ideal system it would lead to such transfer.

63 This particular case involves a consideration of what in the long be in the best interests of the reviewee and ultimately the community. It is fair to say that on the whole of the evidence the prospects of the reviewee even being released is remote. The reasons for that conclusion are complex and, to a major degree, driven by what has happened in the last forty years.

64 In viewing the competing places of detention, Professors Mullen and Ogloff are confident that a treatment programme could be developed for the reviewee at Thomas Embling. Dr Bell, while accepting the possibility, is less confident. What does become clear is that it would be an individual programme which, although providing treatment, would not be treating any found psychiatric disabilities from which the reviewee suffers.

65 It would have the external advantage of being in a setting which is therapeutic, rather than penal, but it would be very restricted generally and because of the movement of visitors, particularly children, there would be additional restrictions which would not apply to other patients at the hospital. The reviewee would also be held with patients suffering psychiatric illness, at least some of whom displaying acute symptoms of their disorder. A person who is not suffering from a psychiatric disorder, but is instead being detained for other treatment, would find themselves in a difficult position. It would be unlikely that the reviewee would have employment at Thomas Embling and his access to computers would be at least as limited as it is at Port Phillip and perhaps even more so. His protection may also be problematic. Dr Bell in his report said:

Thomas Embling Hospital has not been designed with…long term segregation in mind and the only setting in which this could occur would be the very restrictive environment of a seclusion suite. If Mr Percy were assaulted in Canning unit, then it might be possible to consider his transfer to Bass unit, a subacute transitional 20 bed male unit. Exactly the same issue would apply in Bass unit. The options are very limited.

66 Although Dr Bell has indicated that it would be possible to provide a s 47 certificate of available services, such a certificate has not been provided. Professor Ogloff is confident that services could be provided. It is submitted that I should vary the place of custody for six months to see if a programme to which the reviewee could respond could be developed and to see whether he could and would cope with the arrangements at Thomas Embling.

67 The most powerful argument is that a non-convicted person, if he is to be detained, should be detained in a therapeutic environment in a hospital.

68 On the other hand, the reviewee has been in the prison system now for forty years. It is not surprising he is regarded as being institutionalised. It follows that routine is very important to him. He has expressed the desire that if he be transferred to Thomas Embling, that it be permanent. His present arrangements at Port Phillip are similar to those he previously had at Ararat, although there are some restrictions based on his status as a protected prisoner.

69 What is now known is that when last given the opportunity to engage in treatment, shortly after the last major review, the reviewee did participate and that treatment was regarded as successful, success being able to be achieved at a lower level for the reviewee because of his substantial and complicated history. He is prepared to engage in treatment now.

70 The treatment stopped and it became a common theme from many of the witnesses that it did not recommence largely because of the reviewee’s wishes in the matter. It must be noted that it did not remain in abeyance just because of administrative changes made by Corrections Victoria, but that was an important factor.

71 I have observed and I accept that the reviewee’s decision was to some extent understandable for a person in his position. I proceed on the basis that for a significant part of the last five years, treatment has been available to him.

72 When the evidence of Dr Bell, Professor Ogloff and Acting Assistant Commissioner Money is taken together, I am not satisfied that it can be said that the detention of the reviewee in Thomas Embling Hospital would be less restrictive than being held in a prison. I am satisfied that unless there is some dramatic change, for example the applicant being charged with or convicted of a serious offence, then he would not be held in maximum security. If any of those events were to occur, I anticipate that the reviewee would not wish to engage in treatment in any event.

73 Since s 40(1)(f) requires me to take into account any other matter which I regard as relevant. I am entitled to have regard to what effect the transfer of the reviewee would have on the management and operation of Thomas Embling Hospital, as well as on him. There is significant potential for his presence at Thomas Embling Hospital to be disruptive.

74 The reviewee suffers from no identifiable psychiatric disorder. In that sense, he is not treatable in a psychiatric hospital. He would receive treatment to deal with his paraphilia with schizoid personality disorder. That is treatment which a sexual offender would receive. That treatment, although available at Thomas Embling, is treatment to be provided through the community treatment arm, rather than the hospital as such. The treatment is treatment which would be provided as an adjunct to the traditional treatment provided at the hospital.

75 I am not satisfied that there is any reason to believe that the quality of the treatment to be provided at Thomas Embling Hospital would be more advantageous to the reviewee than that which I anticipate would be available in the prison system, particularly at Marngoneet. That is particularly so having regard to the earlier success of Ms Noakes.

76 I do not accept that a six month trial at Thomas Embling satisfactorily addresses the situation of the reviewee. The major difficulty about such a transfer is that it is almost impossible to measure what would constitute a successful trial. One view might be taken by the reviewee, another by the clinicians and yet a third by the hospital management.

77 For completeness I note that in their reports the victims support the detention of the reviewee in prison.

78 The Court was not convinced of the efficacy of a transfer in 1998 or 2004. I am not now convinced. I do understand that the appearance of a non-convicted person being treated in a hospital is appealing, but I am not convinced that in this particular case it can necessarily be said that such an outcome is in the interests of the reviewee or the community.

79 I therefore, on the major review, confirm the order and decline to vary the place of custody.

80 In relation to the application for variation of the order I confirm the order.


[1] [2004] VSC 67.

[2] During the hearing, the applicant had, through his counsel, informed Kellam J that he no longer sought transfer to the hospital.

[3] Ibid paragraphs 91-98.

[4] Report of Professor Ogloff dated 7 July 2009.

 Mentally ill prisoner Derek Ernest Percy loses bid to transfer to hospital

• From: AAP

• March 31, 2010 12:38PM

VICTORIA’S longest serving prisoner Derek Ernest Percy has failed in his bid to be transferred from jail to a psychiatric hospital.

Percy has been behind bars since being found unfit to plead on the grounds of insanity for the murder of 12-year-old Yvonne Tuohy, who was snatched from Warneet Beach, southeast of Melbourne, in 1969.

He has also been a suspect in the murders of Christine Sharrock and Marianne Schmidt on Sydney’s Wanda Beach in 1965; the disappearance of the Beaumont children, Jane, nine, Arnna, seven, and Grant, four, in Adelaide in 1966; the murder of six-year-old Allen Redston in Canberra in 1966 and Simon Brook, three, killed in Sydney in 1968.

Percy is also linked to the disappearance of seven-year-old Linda Stilwell from St Kilda beach in Melbourne 42 years ago.

Derek Percy could be forced to appear at inquest into Linda Stilwell disappearance

• Mark Dunn

• From: Herald Sun

• December 11, 2009 12:00AM

NEW laws just five weeks old may be used to force accused serial killer Derek Percy to answer questions about the disappearance of seven-year-old Linda Stilwell in 1968.

If imposed, it will be the first time the so-called “immunity certificate” is used in a Victorian coronial inquest to compel a suspect to answer questions in the witness box.

But regardless of what Percy, 61, may say when called in coming days, the laws prevent anything incriminating being used in a criminal prosecution against him. Before they were adopted last month, a suspect could avoid answering any questions at an inquest on the ground he or she might incriminate themselves.

Police and the Stilwell family believe Percy killed Linda after abducting her from the St Kilda foreshore 41 years ago, but prosecutors to date have believed they did not have enough evidence against him to secure a conviction.

The inquest this week into Linda’s disappearance and suspected murder heard Percy confessed to former school friend and then police officer Ron Anderson he was in St Kilda the day she went missing.

Percy also told Mr Anderson he was in Adelaide when the three Beaumont children were abducted, and in Sydney at the location three-year-old Simon Brook was killed.

Percy is serving an indefinite term for the killing of Yvonne Tuohy, 12, in 1969, after being found not guilty of murder by reason of insanity.

Deputy Coroner Iain West yesterday ruled he would not subpoena Percy’s mother, Elaine, 83, to appear as a witness in the inquest.

Elizabeth McKinnon, lawyer for the Stilwells, had argued Elaine Percy visited her son in prison after his arrest for the Yvonne Tuohy killing and could have information about that or other deaths.

The inquest heard Elaine Percy, who now lives in Queensland and may have first-stage dementia, was the family matriarch who kept close watch on Derek, may have seen early signs of his sexual deviancy and destroyed some of his notes on horrific paedophile fantasies.

Meanwhile, after being criticised at the inquest, the Royal Australian Navy discovered an archived personal file on former seaman Percy, alleged to have killed up to nine children in Victoria, NSW, the ACT and South Australia during the 1960s, including while he was in the navy and stationed at naval barracks.

Ms McKinnon believes the Percy file may contain information the Navy would be “uncomfortable” releasing.

The inquest had heard Linda Read, then a young girl, was stalked by a man fitting Percy’s description near the Cerberus base at Western Port just months before the Tuohy killing.

Ms Read identified navy stickers on the stalker’s vehicle, which matched a description of Percy’s Datsun wagon, and her father made a complaint to naval police at the base where Percy was then stationed.

Percy is expected to be called to answer questions at the inquest once the navy retrieves the file from its archives, which is expected to take place overnight.

The inquest continues.

The killer, the vault and the murder link

John Silvester

August 30, 2007

Victoria’s longest-serving prisoner, Derek Ernest Percy

DETECTIVES will today seek a court order to question Victoria’s longest-serving prisoner, Derek Ernest Percy, after discovering new evidence connecting him to a series of unsolved child murders.

Thousands of documents hidden by Percy, including some that appear to link him to child abductions from the 1960s, have been uncovered.

Police obtained a court-approved warrant to seize 35 boxes of files, clippings and handwritten diaries concealed by Percy in a South Melbourne self-storage warehouse that he has rented for 20 years. They also found razor blades similar to one used to mutilate a victim.

The material includes newspaper articles on sex crimes, pictures of children, a video with a rape theme and handwritten stories on fresh sex offences involving abduction and torture.

Percy (pictured below in 1969) managed to collect and transfer the material from jail to his private collection, despite being one of Australia’s most violent sex criminals and judged too dangerous for release.

Police now know that Percy, a former naval rating, has maintained storage facilities in Melbourne since the early 1970s.

He was ordered to remain in custody indefinitely when found unfit to plead on the grounds of insanity for the murder of Yvonne Tuohy, 12, whom he grabbed from Warneet beach, on Western Port near Tooradin, on July 20, 1969.

He is also a suspect in the murders of Christine Sharrock and Marianne Schmidt, both 15, on Sydney’s Wanda Beach in January 1965; the disappearance of the Beaumont children, Jane, 9, Arnna, 7, and Grant, 4, in Adelaide in January 1966; the murder of Allen Redston, a six-year-old grabbed in Canberra in September 1966; Simon Brook, 3, killed in Sydney in May 1968; and Linda Stilwell, 7, abducted from the St Kilda foreshore in August 1968.

An investigation, codenamed Heats, found credible evidence leading investigators to say that Percy, 58, remains a “person of interest” in the unsolved cases.

Police are expected to apply today under section 464 (B) of the Crimes Act to remove Percy from Port Phillip Prison to question him over unsolved murders. He is expected to be interviewed by Victorian and NSW detectives.

Since he was a teenager, Percy has written diaries detailing his violent sexual impulses.

The first few were destroyed by his parents, but after his arrest at the Cerberus navy base, near Hastings, for the murder of Yvonne Tuohy, police found more writings connected with plans to abduct and torture young victims.

When he was jailed Percy became a model prisoner, but a search of his cell on September 28, 1971, found elaborate blueprints of planned sex crimes, pictures of children, obscene notes and complex charts showing abduction plots.

Percy has claimed that a prison psychiatrist, now dead, urged him to write down his fantasies for “therapeutic purposes”. He has repeatedly said he has not had any violent fantasies since that time.

When Percy began legal moves to push for his freedom in 1998, the Supreme Court was told: “Since 1971 Mr Percy has never written anything which could be indicative of any sexual fantasy.”

But after the material was discovered in his cell, Percy began to hide his writings and clippings by sending them out of the prison. Police say the evidence he placed in storage indicates Percy has not changed: instead he chose to hide incriminating material that would destroy his hopes for release.

“If he has stored them he must believe he will get out so he can recover them,” a senior policeman said.

Police say Percy has moved material from prison since the early 1970s, first to a rented lock-up at Pascoe Vale and, for the past 20 years, to a self-store unit in South Melbourne.

The documents, kept in tea-chests and cardboard boxes, include material that police say may implicate Percy in the murders of Linda Stilwell and the Wanda Beach girls, Christine Sharrock and Marianne Schmidt.

They have found a 1978 street directory with a line drawn through the St Kilda Pier where Linda Stilwell was abducted 10 years earlier, and a pornographic lesbian cartoon on which Percy has written the word “Wanda” across the top.

When he was arrested in 1969, police found Percy had maps of the areas where Linda Stilwell, Christine Sharrock, Marianne Schmidt and Simon Brook lived or were murdered.

In 2005 NSW Coroner John Abernethy held an inquest into the murder of Simon Brook. Percy refused to give evidence on the grounds of possible self-incrimination.

Some of Percy’s writings, including those seized in South Melbourne, detail abducting a young boy and inflicting similar injuries to those found on Simon Brook’s body. Police also found in Percy’s collection a kit filled with old-style razor blades, the same type used to mutilate the young victim.

Victoria’s Coroner, Graeme Johnstone, is set to open an inquest on the death of Linda Stilwell; Percy is the only known suspect. Mr Johnstone will also examine material linking Percy to the interstate cases. Police believe the storage boxes contain Percy’s possessions at the time of his arrest, material smuggled from jail in the 1970s and official documents, including court records, that have been legitimately transferred in the past two decades.

This month The Age revealed that, for the first time, a court had found that Linda Stilwell had been murdered. Magistrate Susan Wakeling granted her family an application for crimes compensation, accepting that the victim had been abducted and murdered.

Percy has received a navy pension since his arrest. He has nearly $200,000 in the bank and has successfully invested in gold. He has used part of his income to rent the South Melbourne storage unit.

Among the items seized by police was an extensive stamp collection valued at several thousand dollars, compiled while Percy was in prison.

Percy is evil, not mad


20feb 05

VICTORIA’S longest serving prisoner, sadistic child-killer Derek Ernest Percy, is not insane and shows no remorse for his crimes.

Leaked psychiatric reports from his prison file reveal Percy, who has refused to co-operate with authorities or participate in rehabilitation for 35 years, recently began a sex offenders’ program.

Percy, 56, hopes to use the program as the catalyst for parole or transfer to the Thomas Embling Hospital for the mentally insane, a report said.

Percy has fantasised about abducting, torturing and sexually abusing young children before killing them.

And recent psychiatric reports obtained by the Sunday Herald Sun say Percy is not insane.

“Mr Percy does not suffer from a mental illness and is not detainable under the Mental Health Act,” a report said.

“He does have a personality disorder and his ability to experience human emotions is severely restricted.

“The most serious aspect of his personality is his sadistic fantasy life which revolves around children, their torture and mutilation.

“He has no motivation to curb or control the deviant sexual fantasies.

“I would be pessimistic about his ability to respond to any form of treatment.

“Mr Percy is not suitable for transfer to hospital (Thomas Embling) even though he was found not guilty by reason of insanity.”

A report said Percy had worked in Ararat prison’s screen printing industry for 11 years.

“He has set up numerous data bases and allocates jobs to prisoners,” it said.

He was a model prisoner who kept to himself and spoke only when spoken to, it said.

Percy has “nil” interest in education. But last June he started a one-on-one sex offenders’ program, “which he states he is progressing well in”.

“Derek hopes that participation in the program might give him a chance at possible parole,” a report said.

The report said Percy had withdrawn an application to transfer to Thomas Embling but may reapply.

He receives no visitors, a report said.

In 1970, Percy was found not guilty for the murder of 12-year-old Yvonne Tuohy on the grounds of insanity. He was sentenced to jail at the Governor’s pleasure.

Opposition Leader Robert Doyle said a Liberal Government would introduce “Hannibal Lecter” laws to ensure criminals such as Percy were never released from jail.

“There should not be any chance at all that Percy can get out. And we will introduce laws which provide for ‘life lock-up’ of special case prisoners who are beyond help or redemption,” he said.

Attorney-General Rob Hulls said under current laws Percy would never be released while considered a danger to the community.

“This state has laws to imprison people for serious violent, sexual and drug crimes for an indefinite period of time.”

Percy remains a suspect in eight unsolved murders.

Police recently interviewed him about the murders of Christine Sharrock and Marianne Schmidt on Sydney’s Wanda Beach in January, 1965; the disappearance of the three Beaumont children, Jane, 9, Arnna, 7, and Grant, 4, in Adelaide in 1966; Alan Redston, a six-year-old murdered in Canberra in September, 1966; Simon Brook, a young boy killed in Sydney in 1968; and Linda Stillwell, 7, abducted from St Kilda in 1968.

The disappearance of the Beaumont children near Glenelg beach, on Australia Day, 1966, remains one of Australia’s most baffling mysteries.

Police have established that Percy was near the scene when the children were abducted.

In 1998, Supreme Court judge Geoffrey Eames refused Percy’s bid for freedom even though he had finished the nominal 25-year jail term for insane criminals. Last year, Justice Murray Kellam refused his application to transfer to Thomas Embling.

Wikipedia: Jane Nartare Beaumont, Arnna Kathleen Beaumont, and Grant Ellis Beaumont were three siblings collectively known as The Beaumont Children who disappeared from Glenelg Beach near Adelaide, South Australia on Australia Day 1966.

‘Swedish’ criminal Stefan Nystrom not welcome in Australia

Deported … Stefan Nystrom.

THE federal government is rejecting a landmark UN Human Rights Committee ruling by refusing to allow the return of an Australian-raised convicted criminal who had been deported to Sweden.

Stefan Nystrom, 39, was deported from Australia in December 2006.

He was born in Sweden, but came to Australia when he was 27 days old and had never left until he was deported.

The federal government cancelled his visa on the grounds of his criminal record, because he failed the “character test” of the Migration Act.

The UNHRC in Geneva ruled last September that the Australian government had an obligation to provide Nystrom with an effective remedy and allow him to return – but the government has ignored the recommendations.

Nystrom had been convicted of aggravated rape of a 10-year-old boy when he was 16, as well as 80 other offences. He served his sentences for those offences.


TOUGH CALL: UN ruling snubbed as door shuts on convicted criminal

By Lisa Martin


April 26, 2012 12:00AM

Swedish-born convicted criminal deported in 2006

UN rules Government should allow him to return

Government refuses to acknowledge recommendation

THE Federal Government is rejecting a landmark UN Human Rights committee ruling by refusing to allow the return of an Australian-raised convicted criminal who had been deported to Sweden.

Stefan Nystrom, 39, was deported from Australia in December 2006.

He was born in Sweden, but came to Australia when he was 27 days old and had not left Australia until he was deported 36 years later.

The Federal Government cancelled his visa on the grounds of his criminal record, because he failed the “character test” of the Migration Act.

The United Nations Human Rights Committee in Geneva made a landmark ruling in September that the Australian Government had an obligation to provide Nystrom with an effective remedy and allow him to return.

Seven months later, Nystrom is still homeless in Sweden and the Federal Government has opted to ignore the legally binding but non-enforceable recommendations of the UN committee.

His family and lawyers say the Federal Government’s decision will reflect badly on Australia’s candidacy for a non-permanent seat on the UN Security Council.

Nystrom’s sister Annette Turner told AAP the family was devastated.

“It leaves us at a point now where we feel really helpless,” Ms Turner said today.

She said her brother is homeless in Sweden and cannot find a job because of his criminal record, the language barrier and mental illness problems.

Ms Turner said she hasn’t spoken to her brother since the government response was released.

“It’s extremely difficult for us to contact him. We wait for him to call us,” she said.

“It’s not the kind of news we want to tell him. He’s been pinning his hopes on this.”

She said her brother “was no angel”, but did not deserve to be punished twice for his crimes.

“He’s living a nightmare; he suffers from depression and paranoia,” she said.

“This could push him over the edge.”

In her response to the UN committee, Attorney-General Nicola Roxon said the Australian Government “respectfully disagrees with the committee’s finding”.

She disputed the finding that Nystrom’s “removal constituted an arbitrary interference with his family” and said “no unreasonable impediments were placed upon the acquisition of Australian nationality”.

“A person may apply for Australian citizenship at any time, and a child can be included in the responsible parent’s application for citizenship or can apply for citizenship in his or her own right,” she said.

Nystrom had been convicted of aggravated rape of a 10-year-old boy when he was 16, as well as 80 other offences including arson, property damage, armed robbery, burglary and theft and drug charges. He served his sentences for those offences.

Last year’s committee judgment said Nystrom had a drinking problem that had contributed to the criminal offences, but had learned to control it before he was deported.

Nystrom has few ties with Sweden, has never learnt the language and does not have any contact with his Swedish relatives.

He and his mother had assumed he was an Australian citizen.

The Victorian-based Human Rights Legal Centre represented Nystrom.

Spokeswoman Rachel Ball said the Government was in “flagrant breach of its international human rights obligations”.

“Australia’s mounting track record of rejecting the decisions of UN treaty bodies lays us open to the charge of speaking with a forked tongue on human rights,” Ms Ball said.

A spokeswoman for Immigration Minister Chris Bowen said the Government took very seriously “its responsibility to protect the Australian community from the unacceptable risk of harm from criminal or other serious conduct by non citizens”.

Nystrom was deported to Sweden when John Howard led a Coalition government.

The Australian Greens Senator Sarah Hanson-Young slammed the Gillard Government‘s response to the UN committee ruling.

“This is just another example of the Labor Government following in the footsteps of John Howard when it comes to human rights and international law,” she told AAP.


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Monash cop helps jail convicted paedophile

17 Nov 11 @ 06:00am by Nathan Mawb

Convicted sex offender Kevin Patrick Arundell was jailed for loitering at a swimming pool.

AN OFF-duty Monash cop has helped jail a convicted paedophile caught ogling kids in a public swimming pool in Melbourne’s east.

Kevin Patrick Arundell, of Boronia Vic

Kevin Patrick Arundell, of Boronia, last week lost an appeal to have his conviction overturned in the County Court.

Arundell appealed against his sentence and conviction after he was found guilty of being a convicted sex offender loitering around children.

Arundell, 61, who had been freed on bail after receiving a 15-month prison sentence at the Ringwood Magistrates’ Court in July, will now serve an immediate three-month prison term with a further nine-month sentence suspended for two years.

On July 22 this year, the Ringwood Magistrates’ Court heard evidence from two off-duty police officers, including Monash detective Sen-Constable Daniel Passingham, that on January 11 last year they saw Arundell duck-diving so as to spy on children as young as seven.

Arundell denied the charge, but magistrate Bill O’Day found Arundell had been deliberately submerging to observe children.

Arundell has previously served nine years in jail for a child sex offence.

Sex fiend jailed but bailed

Nathan Mawby

From: Herald Sun

July 23, 2011 12:00AM

A CONVICTED paedophile walked free on bail yesterday after being jailed for 15 months for ogling children at a swimming pool.

And the Herald Sun can reveal that just over a month after being caught at the pool, predator Kevin Patrick Arundell, 61, lured a single mother of a 10-year-old boy to live with him.

Arundell, of Boronia, was jailed for a minimum of nine months yesterday, but was bailed after he immediately lodged an appeal, to be heard in October. He must report to police twice a week and is not permitted to enter public pools.

The prosecution had argued the public, particularly children, needed protection.

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Arundell, who has served nine years in jail for a child sex offence, denied a charge of being a sex offender loitering in a place frequented by children.

Ringwood Magistrates’ Court heard evidence from two off-duty police officers that on January 11 last year they saw Arundell duck-diving so as to spy on children as young as seven.

“I was boiling inside,” Sen-Det Daniel Passingham said. “I told him he was a perverted man and (to) get out of the pool.”

George Georgiou, for Mr Arundell, argued he had been porpoise-diving, not observing children.

But magistrate Bill O’Day found Mr Arundell had been deliberately submerging to observe children.

This week, a single mother from Tasmania told the Herald Sun how in February 2010 she answered an ad seeking a tenant who was a single mum.

One day, she found two detectives at her home. “They asked me what I was doing there and I said ‘We live here’. They were horrified. Within half an hour I received a call from child protective services basically telling me we had to get out, it was too unsafe.”

She said Arundell offered to look after her son when she worked nights. Both of them felt traumatised.


Man jailed 11 years for series of ‘wicked’ assaults on girl


Date: 21/11/1997

The Age

A man was jailed for 11 years with a minimum of nine years yesterday for sexual offences against a young girl in what the judge called the worst case of sexual abuse of a child by a stranger he had ever dealt with.

In sentencing Kevin Patrick Arundell, of Boronia, Judge Thomas Neesham, in the County Court, said Arundell’s offences were wicked.

Arundell, 47, a former timber-yard worker, was found guilty of seven counts of indecent assault, seven counts of sexual penetration of a child under 10 as well as one count of sexual penetration of a child aged between 10 and 16.

The offences, which took place between 1982 and 1987, were against one girl aged seven and eight at the time of most of the offences, with the last assault occurring when she was aged 12 or 13.

Judge Neesham said in sitting in the County Court there was a risk of becoming hardened to such crimes but if time were taken for consideration, the enormity of Arundell’s offences became apparent.

The judge described the offences as the systematic debauching and degrading of a little girl.

He said that in cases like these, the innocence of childhood was destroyed, the offences could poison the capacity of a woman to trust or love any man, and the chance of a happy life was gravely compromised when a life had barely begun.

Judge Neesham said the need to deter others and to deter Arundell from reoffending was very great.



This sick ex priest paedophile is very dangerous around children.He is soon finished being under supervision.He has decades of abuse under his belt…BEWARE

Church warning after paedophile flees

ABC September 7, 2012, 5:18 pm

One of Tasmania’s worst serial paedophiles has fled the state and gone to Africa, sparking fears he will reoffend.

Paul Ronald Goldsmith abused 20 adolescent boys during the 1970s and 1980s while working as an athletics coach at Marist College in Burnie.

In 2005, Goldsmith pleaded guilty to 42 sex crimes.

The former trainee priest was sentenced to six and a half years jail with a four-year, non-parole period.

He was released two years ago, his parole ended in May this year and he is now in Tanzania.

The Archbishop of Hobart Adrian Doyle is concerned Goldsmith will reoffend and has alerted his colleagues in Africa.

“I said you need to be very, very careful, watch him all the time,” the Archbishop said.

“I don’t know what the Tanzanian authorities might be able to do, or want to do, if they become aware of his background but I think the point is the capacity to be there in contact with a new group of young people is what we’ve got to avoid.”

Tasmanian and Federal police have been alerted but they are refusing to comment on the case.


Horror endures for paedophile‘s victims


29 Apr, 2012 08:14 AM

TWENTY-four years ago, convicted serial paedophile Paul Ronald Goldsmith was minutes away from having his life taken by a man who claims that Goldsmith took his.

On a Friday night in 1988, Michael*, who was 13 years old when he was sexually abused by Goldsmith, sat hidden in bush and holding a loaded rifle at the top of the driveway of Goldsmith’s Port Sorell home.

For up to an hour he waited for his tormentor to return home from work, but was frightened away when a car turned into the street.

He ran home, where he shook with emotion for hours in disbelief that he had almost committed murder.

“If someone gets murdered, they move on to a better place if you believe it,” Michael said.

“A paedophile takes your soul away. For the rest of your life, you are sort of like a zombie.”

Paul Ronald Goldsmith life long paedophile on the streets

Goldsmith, 67, was paroled in 2010 after serving four years of his six-and-a-half-year sentence for a string of sex crimes, most of which took place when he was an athletics coach at Marist College in the 1970s and 1980s.

The supervision period of his parole ends this June.

Michael is afraid that Goldsmith will offend again.

Goldsmith was found guilty in 2005 of 42 sex offences committed against 20 boys, aged 13 to 16, between 1976 and 1987.

Michael said this conviction was just the “tip of the iceberg”.

He believed Goldsmith may have been offending from 1987 until the day he was extradited from Western Australia in 2004 to face paedophilia allegations in the North-West.

“Those people involved in his court case were the only people prepared to come forward,” Michael said.

“There would easily be hundreds (of offences) that he committed.

“I was in that next generation of abused kids, in 1984 to 1986, well after his school days.

“I was one of few kids that the Federal Police managed to track down.

“I can name 21 other guys, and as far as I know there is only me and another guy that signed sworn statements.

“The others just don’t want to do it, whether it is because they are not prepared to deal with their emotions, or drag it back up in their lives, I don’t know.”

Michael, like many other boys, fell for Goldsmith’s charm after meeting him through the local golf club.

“He made himself appear to us as someone to look up to, an idol – someone to aspire to be like, or just like, so you do things for them,” he said.

“You wouldn’t be able to pick him from anyone else in the public as a paedophile.

“He used to give us the belief that he was someone big.

“I suppose that you would call him a manipulator. All paedophiles are crafty and target the weak.

“To prey on youth is one thing but to prey on those not as assertive as others is another thing.”

The friendship involved drinking sessions at Goldsmith’s Rice Street home, followed by overnight stays.

“It started through him giving you lifts home, then you would start to drive his car, sitting on his knee,” Michael said.

“You would go to his home. There would be smokes, grog, cards, and things led off from there.

“If you lost a game of cards, you’d have to show him your personal parts or do something else.

“He slowly worked on you.”

Michael’s abuse started at 13 for two years.

“I would perform sexual acts on him, and him on me – oral sex on each other, I would have to masturbate him and he would masturbate me.

“Then he would sometimes jump into bed with you at night and fondle you.

“As time went on, emotionally you got worse, and you want to stop it but you don’t.

“At the time, you knew it was odd but you didn’t know any better. You were young with no sexual experience.

“You think it was what everyone else does growing up through puberty. You think this is what young blokes do with grown-ups.

“It was only when he wanted sexual intercourse that I knew something was wrong.”

Federal Police tracked Michael down in regional NSW, where he had been living since 1991, and left with a sworn statement that would later help convict Goldsmith.

“It was pretty gut-wrenching – when you start talking about it, you realise it is something you can never really get over,” he said.

“I was relieved that something was being done.

“A paedophile victim suffers for the rest of their lives.

“You question your own sexuality and whether you might be inclined to become a paedophile yourself.

“I attempted suicide at 20, started taking drugs at 15. My education went from near the top to the bottom of the grade.

“At the time, I didn’t know what was wrong with me.”

(*Not his real name)

Catholic Church alerts African bishops to paedophile case

Updated Fri May 7, 2010 8:02am AEST

Hobart’s Catholic Archbishop Adrian Doyle says he has alerted bishops in Africa to the release of a serial paedophile, amid concerns the man wants to work with African children.

Paul Ronald Goldsmith sexually abused 20 boys in Tasmania’s north-west while working as an athletics coach and trainee priest in the 1970s and 1980s.

The 65-year-old has been released on parole after serving four years of his six and a half year jail sentence.

The decision has outraged Goldsmith’s victims and the support group Beyond Abuse.

The group is concerned that Goldsmith is planning to travel to Africa to work with children.

But the Parole Board‘s Andrew McKee says it is not possible for Goldsmith to leave Australia.

“He’ll be under the close supervision of a probation officer,” Mr McKee said.

In a statement, Hobart’s Archbishop Adrian Doyle said he had spoken to bishops in Africa about the concerns, and Goldsmith would not receive any support from the church.

Sex abuse coach set free


07 May, 2010 08:50 AM

A PROLIFIC North-West sex offender who molested 20 young boys while employed as a high school sports coach has been granted parole.

Paul Ronald Goldsmith, 65, was sentenced to six-and-a- half years’ jail in late 2005 for a string of sex crimes committed between 1976 and 1987 against boys aged between 13 and 16.

At the time of his sentencing, the Supreme Court heard the Shearwater man had used his coaching position at Marist College and his involvement with numerous youth groups to access and groom his victims.

He also trained as a priest, but was never ordained.

The court heard Goldsmith’s “open home policy” gave child visitors unlimited access to alcohol and cigarettes and included strip poker sessions that ended in masturbation and oral sex once the boys and Goldsmith were naked.

His lawyer told the court that Goldsmith had been aware of his sexual interest in young boys since he was 15, but had “resisted” for many years before the coaching job “forced him to give in to his attraction”.

Goldsmith would give one of his victims regular “rub- downs” after training and sexually assaulted another on six different occasions.

In total, he was convicted on 36 counts of indecent assault, four counts of maintaining a sexual relationship with a young person under 17, one count of aggravated sexual assault and one count of unlawful sexual intercourse with a young person.

Speaking after the sentence was handed down, one victim’s father admitted he had considered cutting off Goldsmith’s genitals.

“Quite often of a night I would put my knife in my pocket, and a couple of times I went to his driveway – I was going to castrate him,” he said.

Outside the court, another victim said he had contemplated suicide and described “intense hatred” for his abuser.

“He made me feel so guilty so I wouldn’t say anything,” he said.

The Parole Board said it had taken several factors into account before granting Goldsmith’s release, including his own written submission, references, his “exemplary” prison record and a written report from prison sex offender program New Directions.

His victims provided the Parole Board with statements detailing the horrific and ongoing impact of the abuse, and requested that he be prevented from contacting them.

The board granted the request and further ordered that Goldsmith have no contact with anyone under the age of 17 “without appropriate supervision” during his parole period – which ends in June 2012.


Serial paedophile out on parole

Updated Thu May 6, 2010 8:23am AEST

A man labelled as one of Tasmania’s worst serial paedophiles has been released from jail on parole after serving two thirds of his sentence.

In late 2005, then 61-year-old Paul Ronald Goldsmith was sentenced to six and a half years jail on 42 sexual offences related to 20 teenage boys on the state’s north-west coast between 1976 and 1987.

An appeal against the sentence was dismissed a year later.

The Tasmanian Parole Board has now released Goldsmith.

The Board said it considered evidence of Goldsmiths ‘exemplary’ prison record and many supportive references.

He has been released on condition that he have no contact with anyone under 17.


Parole Board says Goldsmith not able to leave

Updated May 6, 2010 12:16:00

The Parole Board says one of Tasmania’s worst paedophiles has no plans to work with underprivileged children in Africa.

Paul Ronald Goldsmith abused 20 teenage boys on Tasmania’s north-west coast during the 1970s and 1980s.

The 65-year-old has now been granted parole after serving four years of a six-and-a-half-year jail term.

The group, Beyond Abuse, says it has been told Goldsmith is learning an African language and plans to travel there to work with children.

But the chairman of the Parole Board, Andrew McKee, says Goldsmith told the board he has no such plans.

Mr McKee says while on parole for the next two years Goldsmith will not be able to leave the state without permission and will not be permitted to leave the country.

Beyond Abuse is disappointed Goldsmith is on parole.

“To have him be paroled early is just just amazing news and something that I think has to be looked at,” he said.

“I mean people in this type of position that have committed this amount of heinous crimes like this should serve their whole sentence and not be paroled.”


Pedophile’s parole plan

March 05, 2010 12:01am

THE Catholic Church in Tasmania will try to block any moves by convicted pedophile Paul Goldsmith to work with young people upon his release from jail.

Goldsmith, 65, will be eligible for parole from Risdon Prison on March 12 and concerns have been raised that he may be planning to move to Africa to work with disadvantaged children.

A former inmate, who wished to remain anonymous, told the Mercury members of the church hierarchy visited Goldsmith in Risdon Prison on a regular basis and knew of his plans to head overseas upon his release.

Archdiocese of Hobart business manager Peter Cusick said Catholic chaplains visited the prison on a regular basis along with chaplains of other denominations.

“Any inmate has the opportunity, as permitted by the authorities, to talk to these chaplains,” Mr Cusick said.

“I have no idea what this person’s intentions are when released.

“The Catholic Church would vigorously oppose any activity this person would want to undertake in relation to involvement with young persons.”

Goldsmith was jailed for 6 1/2 years in 2005 after pleading guilty to 42 sex offences against 20 teenage boys.

On Wednesday, Tasmania Police made an application in the Burnie Magistrates Court to have Goldsmith placed on the sex offenders’ register as a reportable offender.

The application was adjourned and will be heard in Hobart on March 30.

If the application is granted, Goldsmith will have to let the Government know if he plans to leave Tasmania for more than seven days.

The former inmate, who said he was in close contact with the convicted pedophile in jail, said Goldsmith “made it quite clear that he planned to work with under-privileged kids in Africa when he got out”.

“He was learning Swahili in line with his African plans, and would continually say he had done nothing wrong,” he said.

Beyond Abuse spokesman Steve Fisher said if the Catholic Church was supporting Goldsmith’s bid to work with children, the church would be culpable if he reoffended.

“The church has always supported the abuser above the victim,” Mr Fisher said.

Goldsmith was arrested in Western Australia in 2005 and extradited to Tasmania to face the charges.

Mr Fisher said he understood the failed priest and former athletics coach had been about to leave for Africa when arrested.


Clamps call for pedophile

March 03, 2010 06:49am

TASMANIA’S most notorious pedophile will be eligible for parole on March 12. 

 In the Burnie Magistrates Court yesterday, Tasmania Police applied to have Paul Ronald Goldsmith placed on the sex offenders’ register as a reportable offender before his release.

Magistrate Don Jones adjourned the application until today when a date will be set for a hearing in Hobart.

Mr Jones indicated Goldsmith might be released from Risdon Prison on bail to appear at the yet-to-be-scheduled hearing.

Beyond Abuse spokesman Steve Fisher said Goldsmith was a notorious offender and it was imperative he was on the register.

“It goes without saying that he be listed and monitored upon release,” Mr Fisher said.

“I don’t believe for one moment he will ever be rehabilitated.”

Goldsmith, now 65, was jailed for 6 1/2 years in 2005 with a non-parole period of four years.

The failed Catholic priest and athletics coach appealed the sentence in 2006 but it was dismissed.

Goldsmith pleaded guilty to 42 sex offences against 20 teenage boys between 1976 and 1987. The victims were aged 13 to 16.

An offender listed as reportable on the sex offenders’ register must report to the registrar within seven days of being released from government custody.

The offender also must

report each time they change their personal details. And an offender must tell the registrar if they intend to leave Tasmania for more than seven days and report within a week of their return.

The public does not have access to the register.

An offender can be fined $5000 and/or be sentenced to six months in jail if they fail to report or provide false or misleading information.


Sex fiend refuses rehab course


18/09/2008 12:00:00 AM

NORTH-WEST child sex monster Paul Ronald Goldsmith can’t wait to get out of jail and go to an African mission farm with access to children, a former prisoner has claimed.

“When he gets out he says he’s going … to a mission,” ex- Risdon inmate Bruce told The Advocate.

“He says he’s going to run a farm for a religious group.”

Bruce claimed notorious sex predator Goldsmith had refused to do a sex offenders’ treatment program in jail.

While Goldsmith had admitted his crimes, he did not believe they were wrong, Bruce said.

Goldsmith was jailed for six- and-a-half years in November 2006.

He had pleaded guilty to 36 counts of indecent assault, four counts of maintaining a sexual relationship with a person under 17, one count of aggravated sexual assault and one count of unlawful sexual intercourse with a young person.

He used his membership of various youth groups to meet and befriend young boys.

He was convicted over incidents which occurred between 1976 and 1987, involving 20 boys aged 13-16.

Bruce said Goldsmith was a protected species in jail and appeared to be aided by his connections to the Catholic church.

“He has father this or father that come in, and nuns.

“He complains and it changes.

“He’s got that much pull.”

Prison authorities would not comment on the claims, saying there was a policy of no comment on individual prisoners.

Catholic Archbishop Adrian Doyle said the church’s only involvement with Goldsmith would be through a prison ministry service.

“The Catholic church in Tasmania has no connection with the prisoner, aside from the ministry as outlined above, and has no input into conditions of his incarceration or his alleged plans for the future.”

Victims’ advocate Steve Fisher, from Beyond Abuse, said the sex offenders’ program must be made compulsory.

“Their rationale is if you force them to do it they are not going to do the right things anyway, which is ridiculous to me.”

He said sex offenders should not be let out until they had “passed” the program.


Last Update: Wednesday, November 1, 2006. 1:00pm (AEDT)

Former priest loses appeal against paedophilia jail term

One of Tasmania’s worst paedophiles has lost a Supreme Court appeal against a lengthy jail term imposed last year.

Paul Ronald Goldsmith, 61, was sentenced to six and a half years’ jail in December last year after he pleaded guilty to multiple counts of indecent assault, maintaining a sexual relationship with a young person and aggravated sexual assault between 1976 and 1987.

The former priest and school athletics coach lured teenage boys to his home on the north-west coast with cigarettes and alcohol.

He also abused them on camping trips.

His lawyer had told the Court of Criminal Appeal Goldsmith was writing an autobiography in jail designed to help other paedophiles to control their behaviour.

The three judges all agreed Goldsmith’s appeal should be rejected.

He will be eligible to apply for parole in 2009.

Man’s jail plea to curb sex abuse

PHILIPPA DUNCAN.  The Mercury.  Hobart Town, Tas.:Aug 23, 2006.  p. 1

A MAN dubbed Tasmania’s most prolific pedophile is writing an autobiography

from his prison cell to help other men control their sexual urges for teenage


Paul Ronald Goldsmith, 61, abused 20 teenage boys at his homes on the North-

West Coast and on camping trips between 1976 and 1987.

In December 2005, the failed priest and former school athletics coach was

jailed for 6 1/2 years and will not be eligible for parole until 2009.

Yesterday the Court of Criminal Appeal in Hobart heard Goldsmith’s appeal

against the severity of Justice Peter Evans’ sentence.

Defence council Greg Richardson said the book about the former Port Sorell

man’s life demonstrated Goldsmith’s remorse.

“It’s an attempt by him to help others who may find themselves in the same

position,” he said.

He said Goldsmith’s crimes had been at the “bottom end of the scale” and had

mostly involved “touching people”, not rape.

His client suffered from the condition ephebophilia, ” a sexual attraction to

post-pubescent boys”, and had endured a violent upbringing.

But Crown prosecutor Cath Rheinberger said Justice Evans had considered

Goldsmith’s guilty plea and the court could not ignore the number of boys


“During those 11 years he was creating great misery around the North-West

Coast,” she said.

Goldsmith pleaded guilty in 2005 to 36 counts of indecent assault, four counts

of maintaining a sexual relationship with a young person under 17 and one each

of aggravated sexual assault and unlawful sexual intercourse with a young


He frequently lured teenage boys home with cigarettes and alcohol and grabbed

at their genitals.

Goldsmith also took his victims camping on the West Coast and once asked a boy

to strip and sleep in a sleeping bag with him.

The court reserved its judgment.,5936,17572611%255E3462,00.html

 Teen-sex abuser appeals sentence


A MAN branded Tasmania’s most prolific pedophile is appealing against the severity of his jail sentence.

Paul Ronald Goldsmith, 60, claims his 6-1/2-year jail term for abusing 20 teenage boys is “manifestly excessive”.

Goldsmith was sentenced in the Supreme Court at Burnie earlier this month after pleading guilty to 36 counts of indecent assault, four counts of maintaining a sexual relationship with a young person under the age of 17, and one count each of aggravated sexual assault and unlawful sexual intercourse with a young person.

Justice Peter Evans set a non-parole period of four years.

Goldsmith, formerly from Port Sorell, trained as a priest but was never ordained.

He volunteered as a youth worker and athletics coach in the state’s north-west for many years.

In sentencing, Justice Evans said Goldsmith had used a variety of means to satisfy his attraction to teenage boys. His victims were aged 13 to 16.

Last Update: Friday, December 2, 2005. 2:47pm (AEDT)

Former coach jailed for sexual abuse of boys

A man who sexually abused 20 teenage boys has been sent to jail for six-and-a-half years.

Paul Ronald Goldsmith, 60, committed 42 sex offences 30 years ago.

Goldsmith targeted boys aged between 13 and 16.

He befriended them through his work as an athletics coach at Marist College in Burnie in northern Tasmania, his association with church youth groups and golf clubs, as well as through friendships with their parents.

He took the victims on camping trips and invited them to his home for prayer meetings, frequently plying them with alcohol and giving them cigarettes.

In the Burnie Criminal Court, Justice Peter Evans said Goldsmith’s good repute in the community at the time of the offences exacerbated the harm he caused.

He said some of Goldsmith’s victims have suffered guilt, shame, and lack of self-worth while some have attempted suicide.

Goldsmith will be eligible for parole after four years.,5936,17398327%255E921,00.html

 Sex predator’s reign of terror


A FAILED priest who preyed on teenage boys for more than a decade pleaded guilty to a string of child-sex offences yesterday.

Paul Ronald Goldsmith, 60, who now lives in the Hobart suburb of Lenah Valley, molested 20 boys between 1976 and 1987 at his homes at Ulverstone and Port Sorell in Tasmania’s North-West and on camping trips around the state.

He also attacked boys while coaching athletics at Marist Regional College in Burnie.

In the Supreme Court in Burnie he pleaded guilty to four counts of maintaining a sexual relationship with a person under 17 years, one count of aggravated sexual assault, one count of unlawful sexual intercourse and 36 counts of indecent assault.

Hobart-born Goldsmith trained as a priest but was never ordained.

He spent many years working in the insurance industry in the North-West, retiring in 2000, and was extradited from Western Australia in April last year.

He is a former senior figure in the Lions service club in Tasmania and also held a position on the national executive of the Life Underwriters Association.

Crown prosecutor Cath Rheinberger said it would no doubt be submitted in mitigation that Goldsmith was of good character and contributed to the community during his life.

“From the outset it is our position that, because of the standing he had in the community, he was able to perpetrate these crimes for as long as he did and with so many complainants,” Mrs Rheinberger said.

She detailed more than a decade of abuse during which Goldsmith would lure boys to his home with alcohol and cigarettes.

“The accused had an open-door policy for young boys where they were free to drink alcohol — which he often supplied — they could smoke cigarettes and they could come and go as they liked,” Mrs Rheinberger said.

The court heard he would hold prayer meetings and serve alcohol to teenagers before grabbing at their genitals or sliding his hand into their underwear.

On other occasions he would play strip poker with boys as young as 13 and would make them masturbate if they lost a game.

Mrs Rheinberger told the court of camping trips to Trial and Granville harbours on the West Coast, Bruny Island and other locations around the state.

On one occasion he asked a 14-year-old to strip and sleep in the same sleeping bag with him.

During the night he put his hand on the boy’s penis and placed the boy’s hand on his.

While coaching athletics he was giving one boy a rub-down and touched his genitals.

When the boy refused to take his shorts off, Goldsmith wrestled him to the ground and tried to pull them off, but the boy fought his way free.

Mrs Rheinberger presented victim impact statements from a number of the victims and read three to the court.

One of the victims said he was very angry he had been used to satisfy Goldsmith’s perversion.

“I’m still angry 28 years later,” the man said.

“I’ve tried not to think of it, but certain events trigger memories.”

Another man said he had struggled with Goldsmith’s actions for years.

“He has condemned an innocent child to unhappiness and loneliness,” he said.

“He has taken away from me … the right to happiness and a relationship with other human beings.”

Defence counsel Greg Richardson told the court Goldsmith had grown up as the oldest of seven children and his early memories had been characterised by violence and alcohol abuse.

He said Goldsmith returned to Hobart while studying to be a priest and helped fight the 1967 bushfires.

When he returned to Victoria to resume his training he had a complete emotional breakdown and was never ordained as a priest.

Mr Richardson said Goldsmith had a psycho-sexual problem which had given rise to the charges. He said the condition was known as ephebrophilia.

“His first sexual encounters as a pubescent male were with older males and involved masturbation,” Mr Richardson said.

“None of these factors are put as an excuse, but as to why he ended up with a sexual attraction to young males post-puberty.”

He detailed Goldsmith’s history as a community worker.

“His record demonstrates that, other than in this terrible way — and I don’t want to be saying it — he is a good bloke,” he said.

Justice Peter Evans remanded Goldsmith for sentencing on Friday at 10am in the Supreme Court in Burnie.

Last Update: Monday, November 28, 2005. 9:24pm (AEDT)

Man pleads guilty to abusing teen boys

A man has admitted in the Burnie Supreme Court that he sexually abused teenage boys 30 years ago on Tasmania’s north-west coast.

Sixty-year-old Paul Ronald Goldsmith has pleaded guilty to 42 charges.

The court heard this afternoon that Goldsmith befriended his victims through his work as a volunteer athletics coach at Marist College in Burnie.

He also worked with a church youth group, and met the boys through golf and friendships with their parents.

Goldsmith invited the boys around to his home, gave them alcohol and cigarettes, took them on camping trips and played strip poker with them.

His lawyer told the court he suffers from a condition called ephebophilia, which means he is sexually attracted to boys aged between 13 and 16.

Goldsmith will be sentenced on Friday.


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Paedophile priest Brian Spillane jailed for nine years for sexually abusing boys

By Sean Rubinsztein-Dunlop

Posted 32 minutes ago

A serial paedophile priest has been sentenced to at least nine years’ jail for the sexual abuse of boys at St Stanislaus College in Bathurst in central west New South Wales.

Brian Spillane was found guilty last year of sexually abusing seven students in the 1970s, 1980s and 1990s when they were as young as 12.

A district court judge today sentenced him to a nine-year non-parole period and a maximum of 13 years for 16 offences including buggery.

Spillane is already serving at least 11 years for other child abuse offences and will not be eligible for parole until 2026.



Notorious paedophile Brian Spillane convicted of more school sex assaults in Bathurst

Notorious paedophile and former priest Brian Joseph Spillane has been found guilty of a string of sexual assaults on students at St Stanislaus College in Bathurst, it can now be revealed.

There has been a complete black-out on Spillane’s cases, which have been running in Sydney courts over several years, including two consecutive trials this year.

In the Downing Centre District Court on Monday, Judge Robyn Tupman revoked the series of non-publication orders that has been in force during court proceedings since 2013.

A jury last week found the 73-year-old guilty of 11 charges, including sexual assault, indecent assault and buggery on four students at the boys’ school in central west NSW between 1976 and 1988.

He was acquitted of one charge of buggery.

Earlier this year, he was convicted of attacks on five students between 1974 and 1990.

Spillane, who has been in custody since 2010, is serving at least 11 years’ jail on previous convictions.

He was sentenced to nine years’ jail in 2012 for attacks on young girls, who he accessed through his role as a priest in Sydney and other parts of NSW.

“The offender used his position as a priest to gain access to the homes in which each of his victims lived,” Judge Michael Finnane said at the time.

“Because of his position as a priest and because of his standing in the community generally, he was very trusted and the parents of each of the victims readily gave him access to their daughters.”

“This was the conduct of a violent bully and coward, done without regard to the effect it would have on the young girl.

“It was sexual abuse carried out by a trusted priest, and was a major breach of trust.”

Spillane was then convicted of assaults on five St Stanislaus students after a trial in 2013, and in 2015 he pleaded guilty to assaults on four boys at the school in the late 1980s.

He will be sentenced on the latest convictions early next year.

Spillane appeals child sex conviction


Nov. 17, 2012, 4:30 a.m.

Former Bathurst priest Brian Spillane has has launched a bid to quash his conviction by claiming he faced an unfair trial.

Spillane, a former chaplain at St Stanislaus’ College, was sentenced to nine years in prison earlier this year for abusing three girls, one as young as eight, in the 1970s and 1980s.

His lawyer, Greg Walsh, has prepared a series of documents outlining why the conviction should be overturned.

The case will be heard in the NSW Court of Criminal Appeal in April next year, around the same time the Royal Commission into child sex abuse will be lifting the lid on decades of crime and cover-up.

Mr Walsh this week claimed Spillane, 69, was wrongly convicted.

“I’ve been a lawyer for 35 years and I don’t think I’ve seen a more unfair trial in my experience,” he said.

One Spillane victim was the 11-year-old relative of male students known to Spillane.

During court proceedings, it was revealed Spillane abused her at a north-west NSW country town.

The other victims were from Sydney where the priest worked before returning to Bathurst in about 1984. One of the offences occurred when Spillane was in the victim’s bedroom for night-time prayers.

Mr Walsh conceded the national focus on child sex abuse would sharpen reaction to Spillane’s bid for freedom.

“This appeal will be determined by, probably, three very experienced judges,” he said.

“I would have every confidence those justices would not be influenced by the media, they would not be influenced by the current publicity about the Catholic church and paedophilia.

“Most members of the public may believe this appeal should not be upheld because he’s a former priest and he’s been convicted of paedophile-type offences.

“But I’m sure there are other members of the public … who subscribe to the view Mr Spillane is entitled to a fair (appeal) and would get a fair hearing.”

Bathurst police fielded the first complaints about Spillane and he was charged in 2008.

He was convicted in late 2010 but his sentencing only occurred in April this year because Mr Walsh was attempting to have former NSW District Court judge Michael Finnane disqualified from presiding over the case.

Mr Walsh had signed a statutory declaration claiming Judge Finnane told him at a 2011 social function that paedophiles were “all guilty” and should be “put on an island and starved to death”.

Judge Finnane denied making the statements and the legal bid to have him removed was lost. The alleged comments are one of nearly a dozen grounds for the appeal.


Former Catholic priest Brian Joseph Spillane jailed for child sex

Peter Bodkin
The Daily Telegraph
April 19, 2012 12:18PM

HE was a sexual predator who used his position as a Catholic priest to gain the trust of the families of young girls.

Brian Joseph Spillane former priest found guilty of child abuse

But while conducting parish missions and visiting country towns, Brian Joseph Spillane systematically betrayed the trust they had all placed in him.

The 69-year-old former priest and Catholic school chaplain this morning covered his face with his hand as a judge sentenced him to at least five years in prison for a series of depraved acts committed more than 30 years ago.

A jury found him guilty in late 2010 on nine counts of indecently assaulting girls, including eight charges of abusing children aged under 16.

One of his three victims, known as Miss M, was only eight years old when Spillane first started sexually assaulting her in 1980.

The District Court was told the girl’s family had welcomed the priest from their Catholic church in suburban Sydney into their home, where he would often stay for dinner.
He would be left alone in Miss M’s room as the pair said their nightly prayers, but he began trying to kiss her and later lying on top of and rubbing against the then nine-year-old girl.

The court heard the former priest sexually assaulted Miss P, an 11-year-old from a country town in north-western NSW, while home alone with her and her younger sister.

After telling the victim to “sit on his lap and give him a cuddle”, Spillane began abusing the young girl, only stopping when her sister suddenly came through the front door of the house.

Spillane assaulted his third victim, 16-year-old Miss L, after arriving at her house unannounced to console her over the loss of a close friend, who had recently been killed in a car accident.

He convinced the teenage girl to get in a car with him before putting a hand up her dress.

Judge Michael Finnane said Spillane had clearly taken advantage of Miss L’s distress at the death of her friend.

He said Spillane had led a “blameless life” aside from his sexual crimes, but he had abused his trusted position as a priest to get access to his victims.

“Each assault was serious, planned and callous,” he said.

Spillane, who has been in custody since November 2010, will be eligible for release in 2015.

God help me: former priest found guilty of child abuse

December 1, 2010

Hospitable families in far-flung places would come to regret opening their homes to Father Brian Spillane, writes David Marr.

As Judge Michael Finnane, QC, pondered what lay ahead for Brian Spillane he remarked: “It is almost unheard of for one person to be involved in so many trials.” The former priest was convicted yesterday by a District Court jury on nine counts of indecent assault and the bail hearing that followed heard the former chaplain of St Stanislaus College, Bathurst, faces a further 135 charges to be heard in four more trials that could last until late next year.

Spillane, 67, sat impassive, only occasionally shaking his head, as the jury found him guilty on count after count.

Spillane’s victims were three young girls assaulted while he was based in Sydney during a break in his long career at St Stanislaus. The charges Spillane will face in trials next year relate to boys at the school where he taught in the 1970s and again in the late 1980s. He left the priesthood and married in 2004.

In the witness box Spillane described himself as a modern priest, joyful and enthusiastic, a man at ease with families and kids, a hugger and kisser, happy to play a game of tennis and celebrate a home Mass. His victims recalled him bringing his clarinet and Edith Piaf LPs when he came to dinner. His favourite Piaf song was, one victim said, “the one about no regrets”.

The Crown prosecutor, Brad Hughes, told the jury: “He would not have been within a bull’s roar of these girls if he hadn’t been a priest.” There was evidence that he had an eye for a broken family, a husband and wife in conflict, a sick mother or an absent father.

He would appear uninvited.

Mrs A found him on her doorstep in a bush town four or five times. She was a pillar of the parish; her husband was in rehab; her boys had been at St Stanislaus. “I always welcomed him.”

He was convicted of two counts of sexually assaulting Mrs A’s 11- or 12-year-old daughter. One morning, Spillane put her on his knee and touched her vagina.

When the child sprang from his clasp, he held her by the throat, thrust against her and pulled down her pants. At that point her younger sister appeared in the kitchen to see Spillane “pushing my sister up against the oven and she was struggling and he let go when I ran in and she grabbed me and we ran out of the house and I was terrified. He was hurting her.”

Next year he will face charges involving the girl’s two brothers.

Spillane was a gregarious, heavy-set, 36-year-old with pale red hair when the Vincentian Order brought him down from the bush in 1979.

His job was to lead the priests and brothers at the Vincentians’ compound in suburban Marsfield. Within months he was also acting parish priest in the order’s local church.

He liked to play with the children at the order’s primary school before the bell rang for class. “They would come running up and take me by the hand and come up and, you know, give me a hug,” he told the court. “It was just a very open and welcoming joyful moment for them and for me.” In answer to his counsel, Philip Boulten, SC, he told the court he touched children “on their shoulder, perhaps on their head and on their hand. I’d allow my hands to be available to them.”

During confession he would invite children as young as eight to sit on his lap. “It was my pastoral approach,” he told the court, “to break down the barrier between the fearful God and the loving God.” One former penitent gave evidence of him holding her tightly on his lap as he nuzzled into her neck. “What I felt was some little kisses.”

The jury failed to agree on two charges relating to this 12-year- old child.

Spillane cultivated the Ls, a family in the parish. The devout mother hoped the priest might persuade her reluctant husband to attend Mass. Their daughters gave evidence that Spillane came to dinner more than 30 times in those years, usually bringing whisky for the father, chocolates for the mother and pink sugared peanuts for them. At the time they were aged eight and 10.

Spillane has been convicted of six counts of abusing the younger daughter while he was in her bedroom, ostensibly to hear her prayers. The assaults began with little pecks on the cheek which became forced tongue kissing and, according to the evidence, progressed over months until Spillane was lying on top of the child.

Her older sister told the court the priest was also assaulting her: “I can still taste the Scotch in my mouth and I can feel the stubble of him on my face.”

Spillane took great risks. The court heard some of the children complained to their parents in the vague terms a deeply embarrassed child might use. One or two parents set bounds on Spillane’s access. None took decisive action. No evidence was tendered at the trial to suggest the police were ever called or the Vincentians alerted.

From January 1981 Spillane joined a “renewal team” led by the provincial of the order, Father Keith Turnbull, which visited Vincentian parishes around Australia promoting what Spillane called “the teachings and the spirit of the Second Vatican Council”. The priest was on the road for the next three years, but his base remained Marsfield and the evidence suggests he never lost touch with the parish.

Hospitable families in far-flung places opened their homes to him. He said Mass in their sitting rooms, played tennis with their children and, according to the evidence, abused their daughters. The court heard that staying with a family in a Queensland town one night, he climbed into the bed of their 15-year-old daughter then lay and ejaculated on her. He did not face charges over this allegation.

Spillane was also conducting retreats for girls at a Sydney Catholic school. On one of these retreats in the Blue Mountains he met two 17-year-olds, T and her best friend.

The day after the friend was killed in a car crash, Spillane turned up uninvited at T’s house to celebrate a home Mass for the distraught young woman and her friends. Later he asked T to come with him to his car parked out of sight of the house.

Spillane was convicted of one count of sexually assaulting T there. “He slid his hand up under my skirt,” she told the court. “I was, by this time, weeping, crying and saying no, and he slid his hand all the way up under my skirt and grabbed my crotch and groin area, my underwear”. She fled from the car.

Spillane’s first trial lasted the whole of November. The jury – reduced by illness to 10 members – took nearly four days to reach its verdict. On Monday, they found Spillane guilty of three charges. Yesterday, they added a further six convictions.

The bail hearing that began immediately heard that Spillane was arrested in May 2008 following an investigation that had begun in Bathurst some years before. In time, the number of complainants grew to 31, all but four of them former pupils of St Stanislaus.

A notice of prosecution case presented during the bail hearing details allegations by 44 former pupils of St Stanislaus of fondling, kissing, masturbation, fellatio and anal penetration by Spillane. Many of the 44 speak of loneliness and homesickness at the school. Many allege sexual abuse by Spillane during prayer sessions.

Spillane was refused bail. As he was led away to the cells he called: “Please God, help me.” His solicitor, Greg Walsh, has told the Herald that Spillane intends to appeal.

Former priest denies assault after channelling voice of dead

David Marr

November 16, 2010

”KNOW that I will always love you,” Father Brian Spillane wrote to a girl he is accused of indecently assaulting the day after the death of her best friend in a car crash.

He denies the assault, which is said to have taken place in his car after he had said a home Mass for the distraught 17-year-old’s friends and family in 1981.

In the letter, he explained the voice of her dead friend had compelled him to reach out to her.

”She knew and knows that I love you and really care for you,” he wrote. ”As [she] would have it, you are my very special care, with deep concern and care to be shown to [her classmates] whose lives God may have touched through this weak human instrument who happens to be one of his priests.”

Mr Spillane, who has left the priesthood, denied he was purporting to channel messages from the dead. ”All I was writing down were the fruits of my prayer in this spiritual exercise,” he told a District Court jury. ”I went with the spirit. It was the spirit of God speaking.”

He is facing 11 charges of indecent assault on girls as young as six. He told the court he would often tell children that he and God loved them. He would lightly touch a hand, shoulder, back or leg of a child because touch can be ”a powerful way of conveying a sense of care, encouragement and affirmation”.

The former priest denied any ulterior motive behind inviting eight- to 12-year-old children to sit on his knee in confession.

”It was my pastoral approach, to break down the barrier between the fearful God and the loving God.”

Mr Spillane denied kissing the neck of a 12-year-old girl while hearing her confession in 1979 when he was acting parish priest at St Anthony’s in Marsfield. ”That’s not part of the sacrament.” His trial continues.

Family priest was doing ‘things I didn’t like’, court told

David Marr

November 4, 2010

Brian Spillane put his hands around the throat of a 12-year-old girl before indecently assaulting her in her family’s kitchen, the District Court in Sydney has been told.

The first of four complainants has begun giving evidence in the trial of the former priest Brian Joseph Spillane who faces 11 charges of indecent assault on girls as young as six. His defence counsel, Philip Boulten, SC, said this incident in a Moree kitchen in the 1970s was ”totally denied”.

The priest, who taught the girl’s brothers at a Catholic boarding school in Bathurst, had come to stay at the family home for a few days while her father was away, the complainant said. Her father had health problems. Her mother was active in the local parish.

When the priest asked her to ”give him a cuddle” she sat on his lap. But she jumped up when he put his hand ”very forcefully” between her legs. He then forced her towards the stove. ”I was very frightened. He was then pushing into my bottom from behind. I was frozen with fear.”

She said he stopped when the screen door banged shut and her sister came into the kitchen. She told the jury that within weeks or months she had told her brother Mr Spillane ”was pushing me and doing things I didn’t like and I was very frightened”.

The complainant, now in her 40s, admitted that some of the surrounding facts were hazy in her memory after all these years. ”I suggest it didn’t happen at all,” Mr Boulten said.

”Yes it did,” she replied.

Also giving evidence was her brother who was unable to recall exactly what his sister had told him at the time. ”I might be a bit vague on dates and times but the words she said have stuck in my mind all my life,” he said.

A second complainant against Mr Spillane is expected to give evidence today.

Priests and justice


January 9, 2010

After two years of investigation, charges of pedophilia at St Stanislaus College, Bathurst, are moving to trial. David Marr reports.

One winter day a couple of years ago, a troubled man walked the streets of Bathurst, handing out leaflets accusing a priest of sexual abuse. Tor Steven Nielsen’s life was a mess. A few weeks before this dash to Bathurst he had posted on his website a grim résumé of his 35 years: “As it stands now I am a convicted criminal who has been certified as delusional.

“I have no education, no house, no job, no job references, no licence, no car, no super, no savings. To this day, they are putting Drugs in my food and I find it very distressing . . . my life has been completely destroyed.”

Twenty years earlier, Nielsen had boarded for a few terms at Bathurst’s St Stanislaus College, where he was sexually abused by a teacher. Nielsen eventually complained to the police. The teacher confessed and went to prison. When suing the school for damages afterwards, Nielsen made and then dropped quite separate allegations against the school’s chaplain. This was the man his leaflets attacked in the winter of 2007: Father Brian Joseph Spillane.

The investigation Bathurst police began in the aftermath of Nielsen’s visit to the city has led to nine former staff of St Stanislaus College being charged with sexual abuse. Greg Walsh, the solicitor defending most of them, says: “This would have to be one of the biggest sexual assault cases in Australian history.” Walsh speaks of a witch hunt against the teachers. “Religious people are so easily tainted these days,” he says. “It is easy to make allegations and so hard to disprove them.”

All 200-plus charges against the men are contested. None has pleaded guilty. Five have been committed for trial. The first trials are scheduled for March. The cases of the other four priests will be back before the courts over the next couple of months. Whether they proceed to trial has yet to be decided. All nine men remain innocent until a dozen or more juries decide otherwise. None of them face charges of abusing Tor Nielsen.

Bathurst is a town of boarding schools: one Anglican, one Presbyterian and St Stanislaus, the oldest Catholic boarding school in Australia. Nielsen was a 12-year-old at Nowra High in 1985 when his parents decided to send him boarding. “During that year I went with my father to Bathurst to look at three boarding schools,” he later posted on his website, The Catholic Cover Up. “I preferred All Saints because it was Co Ed but Saint Stanislaus was the cheapest so I went there.”

The school has been run by the Vincentian Fathers since 1889. The order and the school are close. Old boys join the order and return to St Stanislaus as priests and brothers, so spending most of their lives in those brown-brick classrooms topped with spires and corrugated iron. There’s a list of distinguished old boys. Farmers out west look back on their time at Stannies with fierce affection. But that fondness is not shared by all who went there. Boarding schools have that effect.

Nielsen’s year at the school was miserable. His abuse began after a game of strip poker. The teacher was not a member of the Vincentians but a lay teacher. The abuse occurred in the town. Quite separately, Nielsen attended night prayers with a number of other boys in Father Spillane’s room. The school’s charismatic chaplain, then in his mid-40s, was a man known for his intense devotion to his faith.

Each time Nielsen ran away, his parents took him back to Bathurst. He was often in trouble. A few weeks before the end of the year, he was expelled. By his own account what followed was a life of dead-end jobs, heavy use of marijuana, financial problems, court convictions and several attempts at suicide. He came to believe he was being hypnotised and poisoned. Behind all his woes he saw the hand of the Catholic Church: “They have been interfering with my life ever since I was 13 years old.”

The teacher’s imprisonment, and the cash settlement that followed, did not end the matter for Neilsen. He wanted action against Spillane. In June 2007, he posted on his website a long memoir, “Sexual and Mental Abuse @ Saint Stanislaus College in Bathurst”, that made a number of serious allegations of abuse against Spillane who had, by this time, left the school and was about to leave the priesthood to marry.

Nielsen’s memoir provoked some spirited abuse on his website over the next few weeks. “This is absolute bullshit,” posted one anonymous correspondent. “I go to Stannies now and my dad went to Stannies back then and he thinks u r a f—wit.” But as far as Nielsen could tell, his claims were not provoking any official action. So he took his bundle of leaflets to Bathurst. He said: “It was my last resort.”

Bathurst police set up Operation Heador, under the command of Detective Superintendent Michael Goodwin, to investigate Spillane. The initial legwork was done by Detective Justin Hadley. The last months of 2007 saw little progress. “But in 2008,” Goodwin told the Herald, “some of the information was corroborated.” Four other men had accused Spillane of sexually assaulting them while they were at the college.

Spillane was quietly arrested in May 2008 and charged with 33 counts of abuse. Nothing of this appeared in the media. “We were trying to keep a lid on it,” says Goodwin. By this time, police were pursuing other allegations against other priests. But in August that year, Channel Seven broke the story. Dramatic claims of abuse of children as young as 11 were reported around the world.

Police were furious. “But a lot more allegations came forward,” says Goodwin. Operation Heador became Operation Belle. “This involved three full-time detectives in Bathurst with assistance from the State Crime Command plus at various times detectives from Sydney.”

More arrests followed. In September 2008, the school’s former headmaster, Father Peter Dwyer, and a former dormitory supervisor, Brother John Gaven, were charged with abuse of students. At the same time, Spillane was charged with another 60 offences, bringing the total he faced to 93.

Greg Walsh, speaking for his clients Spillane and Gaven, declared: “These men are innocent. The allegations are bizarre and have arisen under very suspicious circumstances.” He assured the media scrum around the Bathurst court that all the charges would be defended. “We are seeing here examples of mass hysteria. Moral panic.”

In December, three more men were arrested. One was Father Greg Cooney, a former chaplain at the school and now the Provincial – or head – of the Vincentian Order in Australia. Only weeks earlier, Cooney had been defending the order’s handling of abuse allegations. Now he found himself in the cells at Ryde police station.

Walsh met his client there. “Some months before his arrest, the police had sought and been given the records of the order,” he says. “These should have alerted them to the fact that Cooney was in Rome in the years one of the ex-students was alleging abuse at his hands.” Superintendent Goodwin confirms that Cooney was set free after showing police his passport. No charges were laid.

In these weeks, the NSW Director of Public Prosecutions decided to cut Nielsen loose. Though his complaints had provoked the investigation of the St Stanislaus teachers, his evidence would not be part of the prosecution case. As a result, 20 charges against Spillane were to be withdrawn. Goodwin talked the situation through with Nielsen. “He was very upset.”

But as the 20 were withdrawn in December 2008, another 44 were laid against Spillane. Then in August last year, following further work by Operation Belle, another 29 charges against the former chaplain were laid, bringing the total at that time to 146.

Opposing bail in the Downing Centre Local Court that month, prosecutor Beth Walker said: “In my submission, your honour, the brief of evidence paints a picture of rampant pedophilia.” Spillane pleaded not guilty to all the charges and was granted bail.

Police are not saying the work of Operation Belle is over. Last year a former teacher known as Witness A began to assist police. Four more priests long retired from St Stanislaus were arrested and charged with abusing boys. One of the arrested was a priest in Mackay. Another a travel agent in Tasmania. Four of the new charges date back half a century.

The St Stanislaus prosecutions are still evolving. Fresh allegations could lead to fresh charges. Charges already laid may be dropped. Magistrates may decide not to send to trial the four men now facing committal.

But at this point, five priests, two ex-priests, one brother and one lay teacher have been charged with more than 200 offences committed between 1961 and 1991 against 46 children. The nine men are contesting all the charges.

James Patrick Jennings, 75.

An old boy of the school, Jennings became a Vincentian priest and returned briefly to St Stanislaus to teach from 1959 to 1961. After departing the school he spent 14 years in schools and parishes before leaving the priesthood to marry. He faces four charges of indecently assaulting the one male in 1961. His trial is due to begin on March 1.

Hugh Edward Murray OAM, 79.

A former priest awarded an Order of Australia medal in 1994 for service to people living with HIV/AIDS and their families, Murray was teaching at the college in 1978. He faces one charge of assaulting a young male that year. Another charge relates to assaulting a young male at Ryde a decade earlier. Three further charges relate to another young male he is accused of assaulting between 1967 and 1972. His committal hearing is due to resume on February 17.

Father William Stanley Irwin, 54.

A former teacher at the school, Irwin is charged with two counts of gross indecency with a boy he brought on a visit to St Stanislaus in 1986. Irwin was counselling the boy following earlier sexual abuse by another man in Victoria. When arrested late last year, Irwin was chaplain at St Aloysius College, Milsons Point. His case will be next mentioned in the Downing Centre Local Court on February 11.

Father Kevin Phillips, 59.

Phillips appears to have worked at the college only briefly in 1990 as a priest, sports coach and part-time teacher. He faces eight charges of abuse of two boys and one of supplying drugs to a pupil. At the time of his arrest, Phillips was a priest in charge of several parishes in the Rockhampton diocese in Queensland. His case is due to be mentioned next in the Downing Centre Local Court on February 25.

Father Phil Robson, 62.

The master of discipline and a member of the school’s board, Robson is charged with five counts of sexual abuse of a 15-year-old boy in the last months of 1991. When arrested he was living in a Vincentian home for retired and semi-retired priests in Sydney. His committal proceeding resumes at the Downing Centre Local Court on February 22.

Rick McPhillamy, 50.

An assistant dormitory master, he is charged with indecently assaulting one student on two occasions in 1985. His trial is due to begin on March 15.

Father Peter Dwyer, 67.

An old boy, Dwyer returned to the college as a Vincentian brother to teach music in about 1972. By the end of the decade he was the school’s headmaster. He faces a dozen charges of abuse, most with a 13-year old boy in 1982. Police allege Dwyer “fondled and masturbated” the boy’s penis and had intercourse with him without consent. After leaving the college in 1992, Dwyer worked at the main Catholic seminary in Sydney and became a priest with a parish in Armidale. His trial begins on April 27.

Brother John Gaven, 68.

A keen rugby referee, Gaven joined the staff of the college as a dormitory supervisor in the mid-1970s. A decade later he was vice-principal of the school. He faces about 37 charges of abuse involving five boys in the 1980s. Most allege he kissed, caressed and masturbated several young boys in a group. It is also alleged he “rubbed his erect penis” against the chest of a 13-year old. He also faces three charges of homosexual intercourse with a pupil.

Gaven retired after 30 years in schools and seminaries. Recently he has been assisting the Vincentians’ work among men living with HIV/AIDS. He has been committed for trial and will be formally arraigned at the Downing Centre Local Court on January 29.

Father Brian Spillane, 66.

In his first stint at the college from 1968 to 1978, Spillane was the school’s dean of discipline. From those years, he faces about 30 charges, mainly of indecent assault of about eight boys.

In the late 1970s, Spillane was transferred by the Vincentians to the Sydney parish of St Anthony’s, Marsfield. From his few years there he faces about eight charges of indecent assault of three little girls – one aged seven or eight.

Spillane returned to St Stanislaus as the school’s chaplain from 1984 to 1990. From those years he faces about 90 further charges. These include indecent assault, homosexual intercourse, inciting a person under authority to commit an act of indecency, and sexual intercourse without consent.

Another 22 charges Spillane had been facing were dropped during committal proceedings late last year. He will be arraigned with Gaven on January 29.

His solicitor, Greg Walsh, has foreshadowed that he will make an application at that time for a permanent stay of the proceedings. Walsh argues that the evidence against Spillane has been tainted by Tor Nielsen’s website.

“I’ve been in enough cases to know you can have a mass contaminated case,” Walsh says. “This case brings to light the dangers of the internet and modern communication, and this will be at the forefront of the application.”

with Geesche Jacobsen

Former teacher says he witnessed sexual assaults


September 2, 2009

A FORMER school teacher has emerged as a key witness to the alleged sexual assaults of students, amid allegations that paint a picture of ”rampant pedophilia” at St Stanislaus College in Bathurst.

The allegations, including that students were forced to have group sex and were hypnotised to have sex with teachers, were heard during a bail review for Brian Joseph Spillane, a former chaplain at the school.

Spillane, 66, is now facing 146 charges of indecent and sexual assault against 27 alleged victims after he was charged on Monday with 32 offences.

The alleged offences occurred between 1971 and 1989, when Spillane was both employed as a priest at St Stanislaus College and in the broader community, the court heard. Several witnesses have accused Spillane of indecently assaulting them in the confessional at St Anthony’s Parish.

He is one of nine former priests or teachers at St Stanislaus and All Saints’ College in Bathurst to be charged with historical sex offences.

Spillane, who succeeded yesterday in remaining on bail, has strongly denied the allegations.

The teacher, known only as ”Witness A”, allegedly saw Spillane sexually abusing and indecently assaulting various students during prayer sessions. He also allegedly witnessed Spillane engaging in ”brief sexual activity” with students in a shower block.

The evidence of Witness A brought ”power support” to other allegations, prosecutor Beth Walker told a Downing Centre Local Court, before strongly opposing bail.

”In my submission, your honour, the brief of evidence paints a picture of rampant pedophilia,” she said.

The prosecution did not believe Witness A had ”an axe to grind” against Spillane or other teachers at the school, Ms Walker said. She said Spillane could not be charged in relation to complaints by 14 other witnesses, some because they occurred interstate.

One witness alleged Spillane took part with him in anal intercourse and ”group rape”. However, when he reported it to the school’s then priest and college president, Peter Dwyer, he was sent for a psychiatric assessment at Rivendell, an adolescent mental health ward attached to Concord Hospital, the court heard.

Dwyer has pleaded not guilty to charges of the sexual assault of students in the 1980s.

Spillane is also alleged to have indecently assaulted two sisters in their bed at their home on separate occasions, simulating or attempting to have sexual intercourse with them.

The court also heard that another former priest from St Stanislaus College had signed a typed admission to ”hypnotising” boys in 1967 for the purpose of having sexual intercourse with teachers.

The magistrate, Jane Culver, granted bail to Spillane but imposed harsher conditions, including that he report daily to police and not be involved with any child under the age of 16, except for relatives. His surety was also increased from $10,000 to $20,000.

Spillane’s lawyer, Phillip Boulten, SC, argued that the case against his client had been tainted due to media reports and the publication of allegations on an alleged victim’s website.

Spillane has been excused from appearing when his case is next in court in November.

Students ‘hypnotised for sex’ at St Stanislaus

STUDENTS at prestigious Catholic boys St Stanislaus College school were hypnotised into having sex with teachers, a court heard yesterday.

One of those teachers, former St Stanislaus College chaplain Brian Spillane, yesterday faced a fight for his freedom as additional charges were laid, bringing the total to 146.

The court heard how a former teacher had handed police “typed and signed admissions” from a St Stanislaus staffer that he had in fact hypnotised boys for the purposes of having sex with them in 1967.

The Crown said evidence would corroborate the claims from some of Spillane’s victims that they were hypnotised by him.

Spillane, one of nine former teachers charged, is accused of indecent and sexual assaults at the school between 1971 and 1990 against 27 victims – three of whom were girls in the parish.

Crown Prosecutor Beth Walker yesterday asked the Downing Centre Local Court to refuse bail on the new charges and revoke bail granted on the existing ones.

“In my submission, the brief of evidence presents a picture of rampant paedophilia,” she said.

Spillane, 66, has yet to enter any pleas to the charges.

In new evidence, Magistrate Jane Culver was told of an informant, “Witness A”, who had told police of seeing Spillane involved in sex acts with “various students” during prayer sessions.

Witness A has also told of seeing Spillane engaging in sexual activity with students in a shower block.

Prosecutor Ms Walker rejected any suggestion the informant had “an axe to grind”.

She argued the case was an extremely strong one and said there was significant corroborative evidence.

Magistrate Culver said while recent material and the full brief did in fact paint an alarming picture, Spillane “doesn’t appear to have engaged in any recent paedophilia activity” since the last allegation of 1989.

She continued bail and ordered Spillane’s wife to provide another $10,000 surety.

Paedophilia rampant at Bathurst schools, court told

THE evidence against former NSW priests accused of historical sexual assaults painted “a picture of rampant paedophilia” in Bathurst schools, a court heard today as one fights for his liberty.

A former Father at St Stanislaus College, Brian Joseph Spillane has been charged with a fourth round of offences relating to alleged sexual assaults at the prestigious school.

The charges relate to alleged sexual assaults on students at the school more than 20 years ago.

A number of the men charged were members of the Vincentian Order on the staff at the college in the 1970s and 1980s.

Spillane is now accused of a total of 146 charges of indecency and sexual abuse against 27 victims – three of whom were girls.

Crown Prosecutor Beth Walker today asked a Downing Centre Local Court to refuse bail on the new charges and revoke bail granted on the old ones.

“In my submission, the brief of evidence presents a picture of rampant paedophilia,” she said, citing a string of corroborating witness statements.

So far Strike Force Belle, set up to investigate the claims, has charged nine priests with historical sexual and indecent assaults.

Spillane’s barrister Philip Boulten SC is expected to mount a heavy case for his client to remain on bail this afternoon.

The hearing continues before Magistrate Jane Culver.,22049,24347414-5001021,00.html

St Stanislaus College police investigation explodes

Article from:

By Gemma Jones in Bathurst

September 15, 2008 12:03pm

THE police paedophile investigation into St Stanislaus College in Bathurst has exploded with 40 alleged victims of just one of the charged men, a court heard this morning.

Bathurst Local Court was told that there were more than 100 statements by former students.

At least 40 of those former students were referred to as complainants of just one of the three charged priests and brothers.

The complaints are against former school chaplain Brian Spillane, who today pleaded not guilty to 93 child sex charges.

Dressed in a dark suit, brown tie and brimmed hat, the former priest from Sydney arrived at the court just before 9.30am with his lawyer Greg Walsh.

Brother John Gaven, 66 and Father Peter Dwyer were listed but did not have to appear.

Gaven and Dwyer are facing 32 child sex charges between them, with complaints against them boosting the alleged count of 40 even further.

Outside the court the 35-year-old South Coast man who last year went to Bathurst to hand out flyers detailing alleged abuse, sparking the investigation, said he was relieved.

He went to the central west NSW town believing he had exhausted all other avenues to have the matters investigated.

“I think the cover-up was appalling,” he said.

“I think it is good finally people are looking at it.”

Just before the alleged victim spoke St Stanislaus old boy and Bathurst defence lawyer Mark Ireland said he’s supporting the school.

“Not one person I have spoken to believes this happened,” Mr Ireland said, before adding: “We’re not sitting on either side of the fence.”

He said the association and the school were supporting the police investigation.

Outside court Mr Walsh called the case a “witch hunt” before saying the police case against his clients was contaminated.

The matter was adjourned until November 10.

Alleged sex offenders to face court today

15/09/2008 8:16:00 AM

A FORMER president of St Stanislaus’ College and former teaching priest and brother will answer a total of 125 charges in Bathurst Local Court today.

The charges relate to alleged sexual assaults on students at the school more than 20 years ago.

All three of the men charged were members of the Vincentian Order on the staff at the college in the 1970s and 1980s.

The former president and brother now a priest, Peter William Dwyer, 65, of Armidale, former priest Brian Joseph Spillane, 65 of Riverwood and former brother John Francis Gaven, 66, of Marsfield

All had charges laid against them by special Chifley Command Strike Force Belle.

They were charged by the strike force formed by Chifley Command with NSW Crime Command Sydney, established to investigate an alleged paedophile ring at St Stanislaus’.

Spillane was the first of the three charged on 33 sexual assault counts related to five students. He appeared before Bathurst Local Court in mid-July.

Earlier this month, Spillane had an additional 60 charges laid against him alleging sexual assault of another eight victims, a total of 93 charges related to 13 former students.

The original charges against Spillane related to alleged homosexual intercourse between a teacher and pupils aged 11, 12 and 13 years of age and allegedly inciting males to commit acts of gross indecency.

Some offences allegedly relate to an 11-year-old between March and May 1986, others to a 12-year-old between March and November 1986 and a 13-year-old in March and between June and July, 1986.

The charges allege that Spillane, the former school chaplain and teacher, committed sexual assaults late at night and early in the morning.

Former bursar, Brother Gaven, is facing 28 charges alleging homosexual intercourse with males between 10 and 16 years and 10-18 years, gross acts of indecency male on male under 18 years, homosexual intercourse with males 10-18 under authority and by a teacher, acts of indecency male with male and indecent assault on a male person.

The former college president, former brother Peter Dwyer who is now a priest, has been charged with four offences the details of which have not yet been revealed by police.


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35,000 child porn images – no jail

Article from:

By Andrew Dowdell

July 24, 2008 05:13pm

Man admits downloading 35,000 child porn images
“Chronic fear of women” linked to downloads
Given 16-month suspended jail term

A MAN with a chronic fear of women has walked from the Adelaide District Court with a suspended prison term after admitting downloading 35,000 child pornography images.


Robert Abbott

Robert Abbott used his home computer to access almost 35,000 images and 23 video clips of child pornography, Adelaide Now reported.

Abbott, 32, was arrested when police raided his Valley View home as part of an international child porn sting in February last year.

He later pleaded guilty to obtaining and possessing child pornography and faced up to 14 years in jail.

Judge Steven Millsteed said the overwhelming majority of the images fell into the least two serious categories of child pornography.

Judge Millsteed said that most of the images involved girls under 10, wearing lingerie in sexually suggestive poses or involved in sex acts with other children.

The judge accepted Abbott’s evidence that a number of more graphic images involving sex between children and adults had been accidentally downloaded.

“The images you were accessing were not as grave as some forms of child pornography … but any form of child pornography is unacceptable to the community,” he said.

“I am also prepared to accept that all of the material was for your personal use and not for distribution with others.”

The court heard Abbott was “deeply ashamed” of his offending, which had cost him his career as an aged care worker.

Abbott showed little emotion in the dock as he learned his 16-month jail term would be suspended.

“I can tell you that the sentence would not have been suspended if you had intentionally accessed the more serious forms of child pornography,” Judge Millsteed said.

Judge Millsteed had heard evidence from a psychologist about Abbott’s mental state, in particular his inability to form meaningful relationships with adult women.

A psychological report showed the “key” to Abbott’s rehabilitation was to reduce the anxiety he felt around women.

Child porn guilty plea over 85,000 images

Posted 46 minutes ago

An Adelaide man faces a possible jail term after admitting he took part in an international child pornography racket.

Robert Abbott, 31, was charged as part of a 10-month police investigation spanning 35 countries.

He was among four Australians charged in connection with a UK-based website known as “Kids – The Light Of Our Lives“.

Today he pleaded guilty in the District Court in Adelaide to obtaining and possessing child pornography.

The court had previously heard that Abbott was found in possession of 85,000 offending images.

But his lawyer said he would argue that many of those images did not constitute child pornography.

Abbott will appear for sentencing submissions in December


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Assault on men after jail release

The Morning Bulletin


16 Apr 2012: 10.

A MAN who was jailed for molesting a 15-year-old girl in a Rockhampton park appeared in the District Court last week after committing further offences upon his release.

Kerry George Green was serving a suspended sentence for two counts of indecently treating the teen when he randomly assaulted two men in July last year.

Crown prosecutor Clancy Fox said one of the men was a complete stranger to Green when the 37-year-old punched him in the face, breaking his nose.

Mr Fox said Green was acquainted with the other victim.

The court heard Green punched the man in the face, splitting his lip, then simply walked away.

A magistrate sentenced Green in August for one of the counts of assault occasioning bodily harm.

Green pleaded guilty to the assaults, and a failure to appear in court, contravening a police direction, possessing a small amount of dangerous drugs and possessing two bongs.

Judge Brian Devereaux said it appeared the magistrate meant to sentence Green to two months, but somehow Green had received six months.

“The picture is a bit confusing,” Judge Devereaux said.

The barrister representing Green, Tom Polley, said his client had ended up spending from November last year to February this year in custody.

Mr Polley said his client suffered from bipolar disorder, but had reformed himself since he began consistently taking his medication. Judge Devereaux said it was unfortunate he could not fix a parole release date for Green and he would be forced to appear before the parole board before being released, but Green’s original sentence had been for a sexual offence. Green’s 11-month suspended sentence was activated and a parole eligibility date was set for July.

Girl forced to watch porn in park

Alister Thomson

8th October 2010


A 35-year-old man spotted a girl high on glue in a public park and saw an opportunity to sexually assault the 15-year-old, a court heard yesterday.

The assault has left the girl afraid to be in public places.

Kerry George Green, of Blackall, was sentenced in the Rockhampton District Court to 15 months’ prison yesterday, suspended after four months, after he pleaded guilty to one charge of indecent assault on a child and another charge of exposing a child to an indecent film.

Crown Prosecutor Carly Whelan said on October 19, 2008, Green was walking with his bike on a hill in a public park in North

Rockhampton when he came across a girl sniffing glue.

Ms Whelan said the girl gave Green a false name when asked and he told her his name was “Michael”.

He then sat down beside the girl and started feeling her leg, putting his hands inside her pants and shorts and touching her breasts.

When she pushed him away and told him to stop he decided to roll a cigarette.

But Green persisted with the assault, rubbing her legs and trying to kiss her before the girl stood up.

He then pulled his mobile phone out of his pocket and showed her a pornographic movie, asking whether she liked what the movie involved.

The girl told him she was disgusted and ran down the hill when Green took a call on his phone.

She alerted two members of the public, who called the police.

When Green walked down the hill, he found police waiting for him, and was arrested.

During an interview he tried to minimise what he had done.

Ms Whelan said he had preyed upon a child 17 years younger than him at the time, in a public place.

Defence lawyer Jeff Clarke said his client had bi-polar disorder but a court had declared he was fit to stand trial.

He said Green had a criminal history, including a conviction in the Rockhampton District Court for grievous bodily harm in 2000, but none for sexual offending.

Mr Clarke said he had battled mental illness and the use of illegal drugs for years.

His actions, while opportunistic, were also “bizarre”, given they occurred in a public place and he had taken a phone call after he had abused the girl.

Judge Nicholas Samios said the victim now felt “insecure” in public places.

But his guilty plea had spared her from giving evidence during a trial.

Judge Samios said the suspended sentence was on condition that he did not commit an offence punishable by imprisonment for two years. Otherwise he would be re-sentenced on the remainder of the term.