Archive for March, 2013


Nicoll - Rodney - PhotoNicoll - Rodney - Photo.

 

Age:  46  –  2012   Born:  10/12/1966

Location:  Belmont  –  NSW

Offence:  Pleaded guilty in March 2006 to two charges of Aggravated Indecent Assault at the District Court in Newcastle.

Sentence:  2 years imprisonment from the 30th March 2006, with a non-parole period of 12 months –  suspended under Section 12 of the Crimes (Sentencing Procedure) Act & the offender entered a bond of good behaviour.

Other:  Abused a child for years, starting at the age of 5. Offender placed on the Child Protection Register. Recently in court again for a Apprehended Violence Order (AVO) for stalking his victim.

 

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Nicoll - Rodney - ddp

 

 

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http://www.abc.net.au/news/2013-01-24/scouts-refer-sex-abuse-case-to-royal-commission/4483034

Scouts refer sex abuse file to royal commission

By Peter McCutcheon

Updated Fri Jan 25, 2013 8:59am AEDT

Scouts Australia is referring a file on a 1980s scout leader to the royal commission into child sexual abuse.

Scout leader Paul Hayes, also known by his scout name Grizzly, was accused of interfering with eight boys over a 20-month period in Canberra and Sydney.

Victim Steven Cox, who was abused by Hayes, says he is disgusted with the Scouts for failing to report the matters to police.

He has accused the association of putting its reputation ahead of the welfare of the children in its care.

Mr Cox says he has found internal Scout documents that show at least eight other complaints were lodged against the paedophile.

“It’s just a cover-up. That’s all it was – it was a cover-up to protect the Scouts’ name and keep it all quiet so it never got out anywhere,” he said.

That’s all it was – it was a cover-up to protect the Scouts’ name and keep it all quiet so it never got out anywhere.

To me they’re just as guilty as him. They may not have done the abuse, but they knew all about him and did nothing.

Mr Cox’s life changed forever in 1984 after Hayes invited him to go sailing on the Georges River in Sydney.

During two of these excursions, he was forced to masturbate the scout leader and was subjected to attempted penetration.

“When he picked me up on the Friday afternoon, I hadn’t been in the car more than five minutes before he placed his hand on my thigh and then placed my hand on his thigh,” he said.

“It was like that all the way home. When we got back to his place it got a lot worse.”

Mr Cox, now 40, now finds it hard to enjoy even the simple pleasures of life. He loves boating, but even a day on the water reminds him of his heavy and painful burden.

“It eats at you. It’s hard because even now there’s not many days go by where at some point during the day or night you think what happened,” he said.

“You don’t forget it and it just slowly eats away at you.”

‘Darkest secrets’

The young scout kept these assaults a secret until he was in his 20s when he told his parents.

But it was not until 2008 when he decided to go to the police, driving with his wife from Brisbane down to New South Wales where the offence took place.

“It was the hardest thing I’ve done in my life, to sit there and tell someone your deepest, darkest secrets,” he said.

“Even with your wife sitting beside you – she knew I’d been abused but she didn’t know what had happened, as I said I’d told no-one.”

Mr Cox later discovered Hayes had already served a jail term for inappropriate touching of a minor in 2002.

His testimony led to Hayes serving two more years in jail after a jury in 2010 found him guilty of five counts of indecent assault and one count of attempted illegal intercourse.

Perpetrator ‘exploited’

Hayes was involved with the 15th Canberra troop when the first accusation of abuse surfaced against him in the early 1980s.

He was accused of raping a 10-year-old boy after a performance of the Scout production known as the Gang Show.

In a written complaint to the Scouts, the boy’s mother quoted her son giving explicit details of abuse on at least five occasions.

Hayes denied everything and the Scout committee appointed to consider the complaint gave him a sympathetic hearing.

One committee member attempted to discredit the victim by explaining the boy had close relatives who were homosexual.

The committee debated whether to refer the matter to police but instead decided to seek legal advice.

The lawyer later wrote back, saying: “It seems your association has done all that you should in the circumstances… I have a sneaking suspicion that Mr Hayes has been cleverly exploited.”

Hayes had his permit to act as a scout official suspended for only six weeks.

Within months he was appointed leader of the troop in a Scout hall in Sydney.

The Scout’s website claims the association has a decades-long practice of reporting all suspected abuse.

‘Very sad’

When the allegations against Hayes first arose, the Scouts made no reports to police.

Scouts Australia says it did not go to police because of the wishes of most of the boys’ parents.

However, one family did advise authorities.

Chief commissioner of Scouts Australia Reg Williams denies there was a cover-up and that its actions were not unusual.

I’m very sad to see this situation occur, but you’ve got to go back and look in the shoes of the people of the day.

[I’m] determined that we’re going to be pursuing these sort of perpetrators and minimise the chance of this sort of thing happening again.

Reg Williams, Scouts Australia chief commissioner

Mr Williams says the organisation has improved its reporting practices since then.

“Yes, I’m disappointed,” he said.

“I’m very sad to see this situation occur, but you’ve got to go back and look in the shoes of the people of the day.”

The Scout Association is referring the file on Hayes to the royal commission into child abuse, and in response to 7.30’s inquiries has referred another file involving a contemporary of Hayes to NSW police.

“We’ve upped the ante to community expectation standard, our own standard and we believe we’ve got a very high standard and we’re going to work at it,” Mr Williams said.

“I, as the leader of the Scout movement, am determined that we’re going to be pursuing these sort of perpetrators and minimise the chance of this sort of thing happening again.”

 

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Gavin Shaun Schuster

Posted: March 27, 2013 by Serendipity in South Australia
Tags: , ,

 

UPDATE:  August2016

http://www.abc.net.au/news/2016-08-08/appeal-upheld-paedophile-gavin-schuster/7700146

Repeat sexual offender Gavin Schuster remains in custody after SA appeal court ruling

Posted yesterday at 12:10pm

Paedophile Gavin Shaun Schuster will remain in prison in South Australia for now after an appeal against his release was upheld.

The Court of Criminal Appeal ruled the case be referred back to the Supreme Court for another hearing.

In April, Justice John Sulan ordered Schuster be released on strict conditions to be set by the parole board.

The Director of Public Prosecutions (DPP) appealed against that Supreme Court ruling.

The criminal appeal court now said it was important the re-hearing investigated “whether Mr Schuster has reasonable prospects of rehabilitation if released [and] the likelihood and consequences of his absconding”.

Schuster was jailed indefinitely in 2000 after being declared unwilling or unable to control his sexual urges after he assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in early 1999.

The crime was committed just two months after his release from jail for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but returned to custody a short time later after threatening to reoffend.

He was released on licence again in 2013 but then returned to custody because there was no suitable accommodation available.

 

UPDATE:  April 2016

http://www.abc.net.au/news/2016-04-01/paedophile-gavin-shaun-schuster-to-be-released-adelaide/7293534

High-risk paedophile in Adelaide to be released from jail under strict conditions

Updated about 3 hours ago

A convicted paedophile considered at high risk of re-offending is to be released from jail subject to strict conditions.

Key points:

  • Gavin Shaun Schuster jailed indefinitely in 2000
  • Risk to the community considered “manageable”
  • Proposed conditions for release include GPS monitoring and confinement within suburban facility

Justice John Sulan considered the rehabilitation regime of Gavin Shaun Schuster, 40, to have run its course in custody, and that further rehabilitation could only take effect outside.

“If I were to decline to release Mr Schuster on licence, it is almost certain that he would be condemned to spending most, if not all, of the remainder of his life in custody,” he said.

Schuster was jailed indefinitely in 2000 after the Supreme Court ruled he was unwilling or unable to control his sexual urges.

He had sexually assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in February 1999.

He committed the crime just two months after he was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but was returned to custody two months later after threatening to re-offend.

He was released again on licence in 2013 but was returned to custody because there was no suitable accommodation available.

Justice Sulan today rejected an application by the Director of Public Prosecutions (DPP) to reconsider the 2013 licence and ordered Schuster be released on new licence conditions to be set by the Parole Board.

The DPP in 2015 had asked that Schuster’s release on licence should be revoked in consideration of community safety.

It submitted evidence from a former prisoner who had shared a cell with Schuster at Mt Gambier and Yatala Labour Prison between 2011 and 2013.

Schuster to ‘target Daveron Park’

The prisoner claimed Schuster told him, “when he got out, he was really going to enjoy himself and that he was going to do the same as had done with a girl at school”.

The prisoner gave evidence saying he was genuinely worried that Schuster would commit further sexual offences against children if he was released from custody, especially in Adelaide’s northern suburbs, such as at Daveron Park.

“Davoren Park was because it’s a low socio-economic area, kids wandering around all over the place and they are easily lured so it would be easy for him to pick up another person,” the prisoner said.

“He said it wouldn’t take much to get kids away from their parents.”

The prisoner said Schuster told him he would like to target places like go-kart and laser shooting facilities, as well as shopping centres.

Justice Sulan heard evidence from Schuster and the prisoner during October and concluded the conversations did indeed take place.

He heard further evidence from those who had worked with Schuster in custody, including consultant forensic psychiatrists and Department of Correctional Services (DCC) Rehabilitations Programs psychologist Mr Elmer.

Psychiatrist Dr Narian Nambiar said Schuster had expressed a willingness to change since 2011-2013 and had completed a 14-month psychotherapeutic treatment program.

He considered Schuster’s rehabilitation within prison to have gone has far as it could and further work could only take place outside jail.

Mr Elmer seconded that opinion and gave evidence of possible regression if Schuster remained in custody.

Dr Nambiar warned that “Mr Schuster’s risks has always been and will always be high” but considered that risk to be manageable.

Mr Elmer said he would train those charged with Schuster’s supervision to ensure they dealt appropriately with his “emotional triggers”.

Released under strict conditions

Justice Sulan said a release on licence must be distinguished from discharge and that while the safety of the community was paramount, it did not require that all risks be eliminated but rather the community could be protected.

“I concluded that if Mr Schuster is released, there continues to be a risk that he may re-offend,” he said.

“The issue for me is whether Mr Schuster can be adequately managed outside prison so that the risk of him re-offending is reduced and manageable.

“I consider that, with the treatment and supervision proposed for him, he is in a better position to understand and cope with his release on licence.”

Proposed conditions for Schuster include GPS monitoring, confinement within a suburban facility, and close monitoring by specially trained corrections officers.

Justice Sulan suspended the order for one month so that the DCS, SA Police and relevant agencies could have an influence on Schuster’s licence conditions.

The prosecution indicated it was likely to appeal against the ruling.

 

UPDATE: October 2014

http://www.abc.net.au/news/2014-10-14/paedophile-remains-in-custody-despite-release-order/5811990

Paedophile Gavin Schuster remains in custody despite release order as no suitable home found

By court reporter Loukas Founten

Updated

A convicted paedophile jailed indefinitely after an Adelaide court ruled he was unable to control his sexual urges will remain in custody despite a release order, as a suitable home cannot be found for him.

Gavin Shaun Schuster, 37, was jailed indefinitely in 2000 after sexually assaulting a six-year-old girl inside a toilet block at a northern suburbs primary school in February 1999.

The crime was committed just two months after Schuster was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was jailed indefinitely after a psychiatric report described him as a dangerous sexual offender who posed a risk to others.

At the time, Justice Margaret Nyland said Schuster had a long history of similar offending and, despite treatment, few inroads had been made into reducing his predatory behaviour.

Schuster was granted release on a licence in March last year, but has remained in custody because a suitable home cannot be found.

The Director of Public Prosecutions wants his release overturned.

The Supreme Court was today told Anglicare had been tasked to help find a suitable property, but feared it could take months.

The matter was adjourned until April, but could be brought on sooner if a home is found.

Schuster was released on a similar order in 2009 but returned to jail for breaching his parole conditions.

 

UPDATE: March 2013

Schuster will be released back into the community on July 1.

 

UPDATE: Feb 2013

Gavin Shaun Schuster has launched  court action to be freed on licence for a second time. When he was first released on licence in 2009 he was returned to prison within months after breaching its strict conditions.

 

http://www.abc.net.au/news/2008-12-23/convicted-paedophile-set-for-release/248268

Convicted paedophile set for release

Updated Tue Dec 23, 2008 1:54pm AEDT

A convicted paedophile who was previously ruled incapable of controlling his sexual urges will be released on licence next year in South Australia.

Gavin Shaun Schuster, 33, was jailed for seven years in March 2000 for indecent assault and unlawful sexual intercourse involving a six-year-old girl.

He was later ruled incapable of controlling his sexual instincts and jailed indefinitely.

In the SA Supreme Court, Justice Richard White found that Schuster was determined to rehabilitate himself and could get access to appropriate treatment programs if released.

He is to be released on licence next June.

 

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Newcastle Herald  -  1 July 2004  -  Page 4

Newcastle Herald – 1 July 2004 – Page 4

 

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Newcastle Herald  -  1 July 2004  -  Page 4

Newcastle Herald – 1 July 2004 – Page 4

 

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UPDATE: MAY 2015

Smith pleaded guilty in Brisbane Supreme Court to possessing child porn, using the internet to access child porn, and making child porn available to others on the internet.

He had been released on parole less than a month before. Smith was sentenced to two years jail, to be released after 10 months, and three years probation.

 

http://www.smh.com.au/national/pedophile-doctor-was-heading-for-nsw-20091013-gvqf.html

Pedophile doctor was heading for NSW

NATASHA WALLACE

October 14, 2009

AN AUSTRALIAN doctor jailed in Bulgaria for more than five years for pedophilia and setting up a child porn network had applied for a job in pediatrics at John Hunter Hospital in Newcastle a month before he was arrested.

Joseph Lee Smith, 36, who was born in Canberra, applied for the NSW job as a senior doctor in pediatrics in October last year, but was arrested in November in the Black Sea city of Varna, where police found him in a rented apartment with two boys, believed to be from a nearby Roma neighbourhood. Police seized a camera, a video camera, CDs, sex toys and sexual stimulants.

A police statement last year said Smith had sexual contact with three boys in the four days before his arrest.

He arrived in Bulgaria on a tourist visa in November last year after reportedly spending most of August in Varna.

He was on holiday at the time from his job as an intern at the Mater Children’s Hospital in Brisbane. Yesterday, a NSW Health spokesman confirmed Smith had applied for a job at John Hunter, but withdrew the application after police arrested him on pedophile charges. He said his application had not yet been processed.

Smith had not worked as a doctor in NSW, he said.

A spokeswoman for Varna’s County Court, Elena Bangieva, said Smith confessed at the closed-door court hearing on Monday to three charges of molesting underage children and creating pornographic materials. He was sentenced to a jail term of five years and five months. He is no longer registered in NSW.

It was not immediately clear if Smith’s lawyers would lodge an appeal against the sentence, which he is entitled to do within 15 days. Smith resigned from his position at the Brisbane Mater after he was arrested.

He had worked as an intern at the Mater Children’s Hospital and the Mater children’s emergency department from January 14, 2008, until October 2008.

A hospital spokesman said Smith was supervised and it was unlikely that he would have been in contact with children without a parent or other staff member present.

An investigation into his work at the Mater Hospital showed no work complaints.

Before that he was employed with Queensland Health from January 2007 at Nambour Hospital. He also worked at Queensland Health’s Gatton Hospital as part of the country relievers program from May 12 2008 to June 15, 2008.

 

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http://www.abc.net.au/news/2008-08-23/sex-offender-to-coach-children/486232

Sex offender to coach children

Updated Sat Aug 23, 2008 7:20pm AEST

Western Australia’s working with children laws are under scrutiny after a decision by the state’s highest court cleared the way for a man convicted of sex offences to work as a Little Athletics coach.

65-year-old Brian Scott was in the past denied permission to coach children because he had convictions for sex related offences, including wilful exposure and assault.

The last offence dated back to 1981 and involved a seven-year-old girl.

Mr Scott took his case to the State Administrative Tribunal which overturned his ban, and now the Department for Child Protection has lost an appeal against that decision.

The Court of Appeal ruled it had no grounds to interfere in the tribunal’s decision, which concluded that Mr Scott did not pose any appreciable risk, and that he had effectively proved himself by consistently working with children for more than 25 years without incident.

The Child Protection Minister Sue Ellery has expressed disappointment with the court’s decision.

She says WA’s child protection laws are among the strictest in the nation, but concedes there’s room for improvement and that there may be a need to amend legislation.

The Opposition’s Spokeswoman for Child Protection, Robyn McSweeney, says the decision should rest with the department and the minister, rather than the courts.

“This man has been a convicted sex offender, then that is enough to stop him from ever working with children again, obviously there is a loophole there, that should be tightened up,” she said.

 

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