Posts Tagged ‘Yatala Labour Prison’


Picture: Martin Jacka Source: The Advertiser

Picture: Martin Jacka    Source: The Advertiser

http://www.theaustralian.com.au/news/district-court-of-south-australia-set-to-return-seized-treasures-to-paedophile-peter-liddy/story-e6frg6n6-1226591452903

District Court of South Australia set to return seized treasures to paedophile Peter Liddy

  • by: Chief Court Reporter Sean Fewster
  • From: adelaidenow
  • March 06, 2013 11:38AM

INFAMOUS paedophile and former magistrate Peter Liddy is set to regain the remains of his $1.3 million fortune – despite his victims receiving just $10,000 compensation.

SA Police today asked the District Court to draft orders allowing it to release rare coins, firearms and maritime artefacts from its evidence lockers.

Those items, once collected by Liddy, were seized by police during the investigation and prosecution of his horrid crimes against children.

Because they were in police care, the items were exempt from compensation claims made by Liddy’s victims.

Now they are considered to be “lost and unclaimed” goods that, by law, should be returned to their original owner.

Liddy, 63, abused junior lifesavers between 1983 and 1986 while serving as a magistrate and is serving a 25-year term in Mount Gambier Prison.

A freezing order was placed on his $1.3 million estate – he was, however, allowed to access his money to pay legal costs.

In 2002, The Advertiser reported the fortune had been reduced to $317,000.

By 2007 it had dwindled to $30,000 and by 2010 it was valued at just $15,000.

Meanwhile, a six-way war broke out in the District Court over ownership of Liddy’s 2000-piece collection of mementos.

Convicted fraudster Terry Stephens – who bought Liddy’s mansion, Shenandoah, in 2002 – and the company liquidating Stephens’ former business, staked claims.

So did three men who claimed they bought Liddy’s antique weapons, and the State and Federal Governments.

At the time, Liddy sent a letter to the court saying he had no interest in joining the dispute.

In 2009, Judge Julie McIntyre gave the guns to the men.

Items including silver coins and a knife handle from Dutch shipwrecks in Australian waters were given to the Heritage Department.

Judge McIntyre ordered other property remain in police custody until the victims’ compensation claims against Liddy were resolved.

In 2011, Liddy won a permanent stay of a second trial, on charges of sexually assaulting boys at Adelaide beaches between 1969 and 1983.

The Advertiser subsequently revealed Liddy’s victims were ineligible for the maximum $50,000 Criminal Injuries Compensation pay-out.

Because they were abused in the 1980s, the men were entitled only to the $10,000 maximum applicable at that time.

Commissioner for Victim’s Rights Michael O’Connell intervened in the matter to help the victims gain as much compensation as possible.

Today, Judge McIntyre was told all of the victims’ claims had been settled.

She heard three parties continued to dispute possession of the remainder of the fortune.

SA Police wanted to release all items, the Federal Government wanted the maritime artefacts and Channel 7 wanted 25 of the items.

Peter Campbell, for the network, said those items were uncovered not by police investigators, but by Channel 7 reporters.

“We are seeking these items not for Channel 7, but for the victims themselves,” he said.

“Our intention is to bring them back together in order to make them available to the victims as (further) compensation.”

Judge McIntyre said the court had received a letter from Liddy, saying he wanted the items back.

Mr Campbell said that was unacceptable.

“The timing is certainly convenient,” he said.

“Having staved off prosecution and starved the victims out of compensation, he now says he wouldn’t mind having the items back.”

Judge McIntyre said there was a “clear need” for a further hearing, and adjourned the case until next month.

 

http://www.adelaidenow.com.au/news/south-australia/paedophile-peter-liddy-agrees-to-compensate-his-victims/story-e6frea83-1226435059891

Convicted paedophile Peter Liddy’s victims win compensation

  • Court Reporter Andrew Dowdell
  • AdelaideNow
  • July 25, 2012 9:30PM

ONE of the state’s longest-running legal sagas has ended, with lawyers for paedophile magistrate Peter Liddy agreeing to compensation payouts for his victims.

Liddy’s victims lodged compensation claims in 2001 and have watched as his fortune dwindled from $1.3 million to just $15,000 by June 2010, because of legal fees associated with his criminal trial and appeal.

Two victims and five other men who claimed to have been abused by Liddy will be awarded undisclosed damages after the settlement in the District Court earlier this month.

Liddy, 63, is serving a 25-year sentence, one of the biggest sentences imposed for paedophilia in the state’s history.

The victims were entitled to just $10,000 in criminal injuries compensation because the offences occurred in the 1980s, before laws changed allowing a maximum of $50,000 for similar compensation.

Commissioner for Victims Rights Michael O’Connell acted as an intermediary between the parties to help achieve a resolution to the long-running case.

Mr O’Connell said the victims were frustrated or angry that the civil case took more than a decade to resolve.

“Some felt that the delay added further to their sense of injustice,” Mr O’Connell said.

Mr O’Connell’s intervention helped lead to the Attorney-General exercising discretion and approving ex gratia payments to each victim.

“Furthermore, as Commissioner, given how exceptional these cases are and the need to finalise them, I paid the lawyers’ fees that the victims owed for the civil prosecutions and some of the costs associated with the victim-compensation claims,” Mr O’Connell said.

Tim Bourne, the lawyer representing the plaintiffs, said all were pleased it was over.

In June 2010, Liddy won a permanent stay of a second trial on charges of sexually assaulting boys at Adelaide beaches between 1969 and 1983 when he was in charge of boys involved in surf lifesaving clubs.

 

http://www.adelaidenow.com.au/paedophile-peter-liddy-fears-prison-attack/story-e6frea6u-1226219014614

Paedophile Peter Liddy fears prison attack

  • by: Andrew Dowdell
  • From: Sunday Mail (SA)
  • December 10, 2011 10:00PM

FOR 10 years he has been alone with his thoughts in a windowless cell without a single visitor.

But now, disgraced paedophile magistrate Peter Liddy is “terrified” he will be attacked by fellow inmates after prison authorities moved him from solitary confinement in the state’s highest security wing to Mt Gambier’s jail.

Liddy, who is less than halfway through serving a 25-year prison term for child sex offences in the 1980s, was last month transferred from Yatala Labour Prison’s notorious G Division – where he spent more than a decade in isolation.

The former magistrate (pictured) sought and received a protection order under the Correctional Services Act when he was jailed in 2001, and has consistently resisted moves to integrate him with other inmates.

However, the protection order was revoked by the Corrections Department last month, leading to Liddy’s transfer.

Department chief executive Peter Severin declined to comment on whether the move had been made against the paedophile’s wishes.

“G Division is the state’s maximum security unit and prisoner placement in that unit is regularly reviewed,” Mr Severin said.

“Prisoner Liddy has been assessed as suitable to be placed in another location which is consistent with his assessed risk and needs.”

Sources say Liddy, 66, is “terrified” that he will be forced into contact with other prisoners inside the Mt Gambier prison, where he is still segregated from other inmates.

During court hearings last year to have further child-sex charges against him permanently stayed, Liddy’s lawyers outlined the impact which a decade in solitary confinement had wrought on their client.

He was diagnosed with sensory deprivation syndrome and a dementia syndrome of depression from years of noise inside G Division, which has inmates considered at risk of harm from themselves or others, as well as others deemed too dangerous to be in the general population.

Liddy was among the longest-serving inmates in G Division, behind convicted murderer Michael Barry Fyfe, who has spent almost 15 years in solitary confinement.

Other than his lawyers, the court heard Liddy had never had a visitor.

Liddy spent up to 23 hours a day alone in his 3m x 2m concrete cell with no window and performed duties in the prison laundry.

Judge Kevin Nicholson, when ruling that further child sex allegations from the 1960s to 1980s should be permanently stayed, said that Liddy was the target of abuse from other prisoners who passed by his cell or the laundry while he was working.

“He is consistently reviled by all prisoners with whom he has indirect contact and frequently is the subject of significant verbal abuse and intimidation including death threats,” Judge Nicholson found.

A source told the Sunday Mail  the former magistrate should not be exposed to other inmates because there was a line-up in the prison system to “be the first to get to Liddy”.

Liddy’s health and mental state have deteriorated markedly since his imprisonment after being convicted of five counts of unlawful sexual intercourse with a child under 12, four counts of indecent assault and one count of attempting to bribe one of his victims into not giving evidence.

The former magistrate committed the offences against nippers at the Brighton Surf Lifesaving club in the mid 1980s.

Further alleged victims came forward over offences allegedly committed between 1969 and 1983 – offences which fell outside the former statute of limitations for sex offences before it was abolished by the State Government.

Liddy will be eligible to apply for parole in 2019 and will complete his sentence in 2026 – when he will be 81.

 

http://www.adelaidenow.com.au/liddy-did-study-on-child-sex/story-e6frea6u-1225929096362

Liddy did study on child sex

  • COLIN JAMES
  • From: The Advertiser
  • September 25, 2010 12:01am

PAEDOPHILE magistrate Peter Liddy forensically studied cases of child sex abuse while perpetrating deviant acts against young boys, it can be revealed.

The Advertiser  has learnt Liddy, who is serving a 25-year jail sentence for sexually abusing young surf lifesavers, wrote an extensive report for a criminological journal detailing his findings.

Lengthy excerpts from the report were published in September 1978, when Liddy was the magistrate for the South Coast, including Victor Harbor, where he raped boys.

Liddy, who described himself in the report as Australia’s youngest criminologist, said it was the first attempt to research the extent of child sex abuse in SA.

The study involved the detailed examination of 60 men who had been convicted of 124 child-sex offences against 94 boys over a five-year period – and what the sexual activity involved.

“Every conceivable variety of assault was performed on the children,” it said.

Liddy examined where the sex occurred, finding that most took place at the offenders’ homes. Liddy also gathered information on the age, marital status, place of birth, occupation, education and criminal history of each of the paedophiles.

He studied their relationships with their victims, with a particular focus on the ages of the children and how they were groomed for sex, with some allegedly being “willing” participants.

“The finding that a majority of the victims were willing may seem unbelievable but it confirms findings in several overseas studies” Liddy wrote.

Liddy, who sexually abused nippers from an Adelaide surf club, warned parents to be wary of youth groups and social clubs because some children “are more susceptible to affection offered by an adult in the group”.

He also believed the true extent of child-sex offenders within the state would never be known. “There are hundreds of such people within our community … ”

Liddy was jailed in 2001 for 25 years, with an 18-year non-parole period, after a Supreme Court jury found him guilty of six counts of unlawful sexual intercourse, three counts of indecent assault and bribing a victim not to testify.

 

http://www.news.com.au/adelaidenow/story/0,27574,25094346-2682,00.html

Disgraced magistrate Peter Liddy considering appeal

Article from: The Advertiser

SEAN FEWSTER, COURT REPORTER

February 23, 2009 02:17pm

DISGRACED magistrate Peter Liddy is considering an appeal against his pedophile convictions because of “fresh evidence”, the District Court has heard.

The 62-year-old has yet to enter pleas to charges of unlawful sexual intercourse, gross indecency and indecent assault.

Prosecutors will allege he sexually assaulted boys at Seacliff, Noarlunga, Brighton, Maslin’s Beach and other places.

The 10 charges date back to January 1969 and continue through to January 1981.

Liddy was jailed in 2001 for 25 years for numerous child sex offences – also dating back to 1969 – and of offering a benefit to a witness.

Today David Stokes, for Liddy, said the former magistrate was considering an appeal against those convictions.

“It’s (based on) fresh evidence, matters that were disclosed to Liddy a fortnight ago,” he said.

“It would be appropriate, in those circumstances, that this hearing be deferred until that matter has concluded because the police officers involved in (the previous) matter would also be relevant to the current matters.”

Judge Paul Rice remanded Liddy in custody until March.

 

http://www.abc.net.au/news/stories/2008/11/03/2408606.htm

Liddy child sex case delayed

Posted Mon Nov 3, 2008 1:07pm AEDT

A former Adelaide magistrate has had his child sex charge case delayed to allow for a mental health assessment.

Peter Michael Liddy, 64, faces two counts of indecent assault, three counts of procuring an act of gross indecency, one count of gross indecency and four counts of unlawful sexual intercourse.

Liddy was due to answer the charges but his lawyer told the court that a psychological report could not be conducted until early December.

The case was adjourned until mid-December.

 

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Mark Trevor Marshall

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

http://www.abc.net.au/news/2017-03-29/paedophile-mark-trevor-marshall-continues-fight-for-release/8398174

Paedophile Mark Trevor Marshall fights for release and questions why he’s ‘a big risk to society’

By court reporter Rebecca Opie

Posted yesterday at 5:10pm

A serial child sex offender with a history of crimes dating back more than 25 years has tried to justify his behaviour while arguing for his release from prison into the community.

Convicted paedophile Mark Trevor Marshall, 48, was jailed indefinitely in 2009 after being declared incapable or unwilling to control his urges.

The Supreme Court has been considering his release from custody into the community under supervision since 2011, if appropriate accommodation could be found.

In 2014 Marshall withdrew his long-running application for release after clippings with photographs, names and ages of children were allegedly found in his prison cell.

But last year he renewed his application and has since undergone specialised rehabilitation treatment to advance his bid for supervised release.

During a hearing on Wednesday, the court heard a list of possible properties where Marshall could reside in the community would be compiled for consideration.

Justice Ann Vanstone said she had received reports from a doctor and the parole board but was waiting on a report from the Forensic Mental Health Services and warned Marshall against thinking a decision had been made either way.

“I just want to warn you that despite discussion of possible places where you might live upon release, the two reports that are before the court and which you will be getting shortly are not all that promising from your point of view,” she said.

“It’s the board’s view that you be at high risk of reoffending.”

Marshall, who appeared via video link from Yatala Labour Prison, said he “didn’t understand” the parole board’s view and wanted a report tendered to the court from his treating psychiatrist.

“They’ve even put me in a high one [security] in prison. I’ve never done anything in prison to warrant me to be put in high one,” he said.

“It seems to me that you are manipulating the position on the paperwork and my risk factor.”

Possible accommodation will be looked into to assess application

Marshall told the court he wanted to know what the board’s position was based on.

“My offences were offences within people I knew … and because those people were somewhat sexually active themselves and put suggestions to me,” he said.

“All they could find to lock me up was a prurient interest charge.”

He said he wanted to “cross-examine” the authors of the reports under consideration by the court.

“I don’t understand why I am suddenly a big risk to society,” he said.

In February 2013, more than 30 properties had been ruled out of consideration for Marshall to live because they were too close to schools or childcare centres.

There were also fears for his safety from members of the community who are opposed to his release.

Justice Vanstone said while the reports were not positive, possible accommodation would be followed up in order to better assess his application.

She said she wanted an additional report from the Department for Correctional Services on how quickly an alarm would be activated if Marshall went somewhere that he was not allowed should he be released into the community.

The matter will return to court in May.

 

http://www.abc.net.au/news/2013-02-22/court-told-sex-offender-cant-be-housed/4534242?section=sa

Court told sex offender can’t be housed

By court reporter Loukas Founten

Updated Fri Feb 22, 2013 1:33pm AEDT

Authorities so far had dismissed more than 30 properties as unsuitable to house a convicted child sex offender who had been granted release from custody, the South Australian Supreme Court was told.

Mark Trevor Marshall, 43, has a history of child sex offences and was jailed indefinitely in 2009, after the court ruled he was incapable or unwilling to control his sexual urges.

In 2011, a Supreme Court judge allowed his release on licence if appropriate accommodation could be found.

Prosecutor Pauline Barnett told the latest hearing dozens of properties had been ruled out.

“The problem in terms of finding suitable accommodation has continued. We’re now at house number 34. All of the houses have, for one reason or another, proven unsuitable,” she said.

“The accommodation is a problem for two reasons: one, obviously the community protection, the house has to be away from schools and childcare centres.

“The other problem is Mr Marshall, his own personal security is at risk or could be at risk in relation to those people who do not want to see him released. It’s very tricky.”

She said police and Housing SA were trying to help.

“There is a steering group of eight people trying to work with Housing SA, trying to work with the police and the offender management program to secure this,” she said.

Defence lawyer Zoe Lewis said Marshall was distressed by the lack of progress.

“Although there has been some progress, there has been no indication of an end date to this,” she said.

Another hearing has been scheduled for April.

 

http://www.adelaidenow.com.au/news/south-australia/team-of-eight-public-servants-trying-to-find-housing-for-serial-paedophile-mark-trevor-marshall/story-e6frea83-1226583427464

Team of eight public servants trying to find housing for serial paedophile Mark Trevor Marshall

  • Chief Court Reporter Sean Fewster
  • adelaidenow
  • February 22, 2013 11:20AM

A TEAM of eight public servants has been tasked to find a home for serial paedophile Mark Trevor Marshall at taxpayers’ expense.

The Supreme Court last year ordered Marshall be released on licence once suitable accommodation had been found.

Today, prosecutor Pauline Barnett told the court 34 proposed residences for Marshall had been rejected so far – but promised to keep trying.

“I understand Marshall’s perception is we are dragging our heels,” she said.

“But 34 houses have been dismissed, so a team of about eight people is trying to work with Housing SA and Police to find a solution.

“The bona fides are there, in our efforts.”

Marshall, 44, has a history of sex offending dating back to June 1987.

In 2009 he was jailed indefinitely because he was unwilling to control his sexual urges.

In 2011, now-retired Justice Margaret Nyland ordered Marshall be released on licence.

“Let’s hope for your sake and the community you can get yourself sorted out and you don’t have to see yourself back in jail again,” she said.

She imposed conditions including a ban on contact with anyone under the age of 16, a ban on internet access and a requirement he be closely supervised.

Marshall’s release was postponed, however, multiple times.

The Parole Board refused to sign off on any residence proposed for Marshall, saying they were too close to schools or childcare centres.

Marshall himself claimed his life was at risk upon release and said he had received death threats – but declined to be specific about their nature.

In court today, Ms Barnett asked for a lengthy adjournment so the team of public servants could attempt to solve the problem.

She said housing was being sought in the Adelaide CBD.

“For the community’s protection, he has to be away from schools and childcare centres,” she said.

“It’s quite a tricky thing.”

Zoe Lewis, for Marshall, said further delay was inappropriate.

“My client is, unsurprisingly, quite distressed there has been no indication of when he is to be released,” she said.

“Whilst we understand the balancing act between protecting him and the community, limiting the catchment area for his release causes difficulties.”

She said housing Marshall away from schools meant greater distances between him and the treatment facilities he would need to attend to address his problems.

“A premises was proposed and rejected, previously, where two of Mr Marshall’s friends said they would provide constant supervision,” she said.

“We suggest it would be appropriate to consider it again.”

Justice Michael David said he would adjourn the case for six weeks.

“Do your best,” he told Ms Barnett.

“We must bring about this release, and these conditions.”

 

Convicted paedophile Mark Trevor Marshall linked to unsolved murders and abductions

by: Investigations Editor Bryan Littlely

From: The Advertiser

April 16, 2012 11:00PM

A PRISONER’S written confessions to a counsellor put him at the scene of one of Adelaide’s most baffling unsolved murders and raise allegations which link the disappearance of the Beaumont children to the abduction of other children almost four decades ago.

It also raises allegations which link the disappearance of the Beaumont children to the abduction of other children almost four decades ago.

Major Crime police have dismissed the claims in convicted paedophile Mark Trevor Marshall’s 40-page hand-written document, saying they are his “sexual fantasies” and similar to material he has produced over the past four years.

Marshall, left, was, in 2009, jailed until further order by Justice Margaret Nyland, having been to prison at least six times since 1987 for sexual assaults on children.

Justice Nyland said he was “incapable of controlling his sexual instincts” but she then overturned her order.

Detective Senior Sergeant Paul Lewandowski of the Sexual Crimes Investigations Branch said the document by Marshall, which was submitted to the Mullighan Inquiry into abuse of children in state care in 2007, would be reviewed after The Advertiser passed it on to police.

However, police said that they would not investigate the claims further, having previously checked their validity.

In the document, Marshall writes graphic accounts of his involvement and presence as a young child at the River Torrens drowning of Adelaide University Professor George Duncan in 1972.

It also puts the young Marshall at the scene of the murder of girls Joanne Ratcliffe and Kirste Gordon, who were abducted from Adelaide Oval on August 25, 1973.

And it links his grandfather to the disappearance of the Beaumont children in 1966 and a string of sexual assaults.

It also outlines, with hand drawn maps and descriptions, where he believes the bodies of children he claims were murdered by his grandfather were buried.

Marshall’s confession was anonymously sent to The Advertiser. The prison fellowship volunteer who sent it to Mr Mullighan has quit as an in-prison counsellor but is believed to still meet with Marshall. Efforts to contact him have been unsuccessful.

 

Caught with child porn in jail cell

by: Bryan Littlely with Hannah Silverman and Tom Dougherty

From: The Advertiser

December 03, 2011 12:00AM

A SERIAL paedophile on the cusp of release from Yatala Prison has been caught stockpiling child pornography in his cell.

Mark Trevor Marshall, who was labelled by Justice Margaret Nyland as “incapable of controlling his sexual instincts”, was found in possession of unauthorised material on Wednesday.

His cell, in B-Division which houses general population prisoners, was then searched and more items, understood to be CDs holding child porn images, were found.

The matter is now the subject of police investigations.

“I can confirm that there was a search at Yatala Labour Prison involving a prisoner being found in possession of unauthorised material,” Department for Correctional Services chief executive Peter Severin said yesterday.

“The prisoner’s cell was subsequently searched, which resulted in a number of additional items being found.”

Marshall has an extensive history of abusing children since June 1987 and in 2009 was jailed until further order by Justice Nyland.

“I am satisfied that at the date hereof the respondent (Marshall) is incapable of controlling his sexual instincts and is also unwilling in that there is a significant risk that he would, given an opportunity to commit a relevant offence, fail to exercise appropriate control of his sexual instincts,” she said in her judgment at the time.

“At the present time there is a significant risk of the respondent re-offending and until appropriate treatment is provided to him the respondent represents a continuing danger to the community.”

In July, Justice Nyland ruled Marshall could apply for release once appropriate accommodation was found, but he has yet to be released.

Marshall’s family yesterday said they felt both shock and relief at the latest revelation.

Judith Jones, whose grandchildren were allegedly abused by Marshall, said the discovery should mean he is not released back into the community.

“If he can offend in jail, he can most definitely offend outside jail,” she said.

“This is sick behaviour. Doing this shows that he cannot be rehabilitated and there’s no remorse. He deserves to be locked up indefinitely.”

 

Serial paedophile Mark Trevor Marshall fires lawyer before appeal bid

by: Court Reporter Hannah Silverman

From: AdelaideNow

October 07, 2011 1:05PM

SERIAL paedophile Mark Trevor Marshall has fired his lawyer and told the Supreme Court he had received threats to his safety.

Marshall, who has a history of abusing children since June 1987, today appeared in the Supreme Court for a further hearing into his pending release.

Although dubbed an uncontrollable sexual predator in 2009, he was granted licence for release in July.

That release has been stalled because appropriate accommodation has not been confirmed.

Today Marshall opened his hearing by telling Justice Margaret Nyland he no longer wanted lawyer George Mancini to represent him.

“I have had discussions with some people in the prison about Mr Mancini and I don’t wish him to represent me,” he said.

“I’m getting another lawyer. He’s indicated a form of defence that doesn’t appear to be in my best interests.”

Rocky Perrotta, who was today acting for Marshall on instruction from Mr Mancini, was surprised.

“That’s obviously news to me,” he said.

Marshall told the court he was yet to receive copies of the latest material.

He added he was aware his safety could be in jeopardy if he was released.

“Mr Mancini explained it was a question of being reassessed to see if I could deal with recent developments and also to deal with security issues,” he said.

“We’ve been made aware that the security issue that has been prevalent through my life was semi-resolved… but it has now been highlighted again due to the fact of this new threat it could give them an alibi in a sense.

“I’ve been advised by the prison not to be released at the moment because of this other threat that’s been made.”

The court did not hear what the nature of the threats were or who the threats were made by.

Justice Nyland adjourned the matter until November to enable new reports into his “present situation” to be prepared.

She said by the next date Marshall should also have had an opportunity to read the latest material and consult with his new lawyer.

A family member of one of his alleged victims has previously told The Advertiser her family would have received no justice if Marshall is released.

She said wounds had been reopened with the potential of his release into the community and that the family feared for the safety of other children.

 

Paedophile must remain in prison

by: Hannah Silverman, Court Reporter

From: The Advertiser

September 27, 2011 1:00AM

A PAEDOPHILE’S imminent release has stalled because of lack of appropriate accommodation.

Mark Trevor Marshall, 42, has a record of abusing children since June 1987 and, in 2009, was deemed unable or unwilling to control his sexual urges.

In July, Justice Margaret Nyland ruled Marshall could apply for release once appropriate accommodation was found, outraging the family of one of his alleged victims, who said they feared for their safety.

In the Supreme Court yesterday, prosecutor Pauline Barnett said such accommodation had yet to be approved by the Parole Board.

“The licence of the Parole Board being satisfied that there is suitable accommodation within the community for Mr Marshall to be released into the community, that accommodation is yet to be approved by the Parole Board,” she said. “In light of the social worker’s report, it may well be that the standard of that accommodation, the security arrangements, would have to be higher than perhaps what was contemplated by the doctors and Your Honour when the conditions of licence were accepted from the parole board.”

Ms Barnett asked the order be stayed.

Justice Nyland ordered Marshall’s release on licence be stayed until further order.

“Because of the matters that have been raised in the report, there is the safety of the community of course but also the safety of Mr Marshall if he were to be released at this stage,” she said.

 

Paedophile Mark Trevor Marshall’s release stalled

by: Court Reporter Hannah Silverman

From: AdelaideNow

September 26, 2011 3:38PM

A SERIAL paedophile’s imminent release, just two years after he was jailed indefinitely, has stalled because the Parole Board feels he lacks appropriate accommodation.

Mark Trevor Marshall, 42, has a record of abusing children since June 1987 and, in 2009, was deemed unable or unwilling to control his sexual urges.

In July, Justice Margaret Nyland ruled Marshall could apply for release once appropriate accommodation was found, outraging the family of one of his alleged victims, who said they feared for their safety.

In the Supreme Court today, prosecutor Pauline Barnett said such accommodation had yet to be approved by the Parole Board.

“The licence of the Parole Board being satisfied that there is suitable accommodation within the community for Mr Marshall to be released into the community, that accommodation is yet to be approved by the Parole Board,” she said.

“In light of the social worker’s report it may well be that the standard of that accommodation, the security arrangements, would have to be higher than perhaps what was contemplated by the doctors and Your Honour when the conditions of licence were accepted from the parole board.”

Ms Barnett asked the order be stayed and Marshall re-examined.

“In light of the report from the social worker and once these further reports are ordered, then this court would be in a better position to consider whether the order should be recalled, whether the order should be stayed for a length of time,” she said.

Justice Nyland ordered Marshall’s release on licence be put on hold.

“Because of the matters that have been raised in the report, there is the safety of the community of course but also the safety of Mr Marshall if he were to be released at this stage,” she said.

“I am concerned that when Mr Marshall is stressed there is this problem about regression so I think we will need to get some further reports and the appropriate course is simply to stay the operation of order (for release on licence).”

The family of one of Marshall’s alleged child abuse victims, who asked to be called “Sue” told the Advertiser last month that her family had not received justice if Marshall was released.

Their particular case against Marshall was dropped but the family felt safe while Marshall was behind bars.

“So much for an indefinite term,” Sue said.

“All my family members who have been affected by this man are now adults who had began to heal two years ago believing that he was jailed indefinitely. Now the wounds have been reopened.

“I’m not getting any justice for my family . . . it’s not just our family, it’s every other child he has abused.”

The matter returns to court next month.

 

Paedophile release has families in fear

Court Reporter Hannah Silverman

From: The Advertiser

August 29, 2011 12:00AM

THE family of an alleged child abuse victim says wounds will be reopened if a paedophile is released.

Mark Trevor Marshall, 41, has a record of abusing children since June 1987 and his pending release just two years after the Supreme Court jailed him indefinitely has raised safety fears among his victims.

A family member of one of his alleged victims, who asked to be called “Sue”, told The Advertiser her family had received no justice.

“So much for an indefinite term,” she said. “All my family members who have been affected by this man are now adults who had began to heal two years ago believing that he was jailed indefinitely. Now the wounds have been reopened.”

In 2009 Marshall was deemed unable or unwilling to control his sexual urges by Justice Margaret Nyland who subsequently imposed an indefinite prison term.

Last month Justice Nyland ruled Marshall could apply for release once appropriate accommodation was found, but not before last Friday.

The Advertiser understands Marshall is likely to be released from jail in the next few weeks once details, including accommodation, are finalised.

Sue said her family was still struggling to come to terms with Marshall’s actions.

“I’m not getting any justice for my family … it’s not just our family, it’s every other child he has abused.”

Parole Board chairwoman Frances Nelson, QC, said Marshall’s conditions had been presented to him and were “extremely stringent”.

She said specific conditions included no contact with anyone under 16, no internet access and close supervision.

 

Sexual predator Mark Trevor Marshall could be released into community

Court Reporter Hannah Silverman

From: AdelaideNow

July 15, 2011 1:31PM

A SERIAL pedophile jailed indefinitely for being unwilling to control his sexual urges could be released from custody.

Supreme Court Justice Margaret Nyland today said she would allow Mark Trevor Marshall to apply for his release if appropriate accommodation was confirmed.

“Let’s hope for your sake and the community you can get yourself sorted out and you don’t have to see yourself back in jail again,” she said.

Marshall, 41, has been sexually abusing children since at least 1987.

He will have to satisfy the Parole Board he is suitable for release from prison.

The last time he was released into the community he sexually abused children three times within a year.

Justice Nyland jailed Marshall indefinitely as an uncontrollable sexual predator in 2009.

 

Child sex predator jailed indefinitely

Article from:

ANDREW DOWDELL

September 22, 2009 12:01am

A SERIAL paedophile who told psychiatrists that girls as young as four could enjoy sex has been jailed indefinitely as an uncontrollable sexual predator.

Mark Trevor Marshall has a record of sexually abusing children dating back to June 1987 and has re-offended against children within a year of being released from prison on three occasions.

Marshall, 40, has been behind bars since March 2002, after he tried to have developed nine films containing images of a three-year-old girl he encouraged to pose in sexual positions.

The Director of Public Prosecutions applied to have Marshall deemed unable or unwilling to control his sexual urges and subjected to indefinite detention.

Supreme Court judge Margaret Nyland heard advice from four psychiatrists, including Dr Andrea Louis, who said Marshall would regress into a child-like state when faced with stress.

“He has a lack of appreciation of victim impact issues and holds attitudes conducive to child molestation, such as `girls can enjoy sex as young as six, I’ve seen girls as young as four want to’,” Dr Louis said. “Most worrying is that Mr Marshall attributes some of his offending to regression, not remembering, which places him out of touch with reality and not in a position to control his actions.”

“This makes Mr Marshall especially dangerous and a real and significant risk to children in the community.”

Justice Nyland ruled that Marshall imposed an indefinite prison term.

 

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