State wins appeal to keep Fardon under supervision
QUEENSLAND'S most notorious sex offender Robert John Fardon will not be allowed to live unsupervised after a last ditch appeal bid to stop him being released into the community was today won by the State Government.
Last month, Queensland's Attorney General Y'vette D'Ath applied to extend a supervision order that had been slapped on the serial rapist in 2013 beyond its October expiration date, but Supreme Court Justice David Jackson found there were there were "not reasonable grounds" to believe Fardon would be an unacceptable risk of reoffending.
This decision was last week appealed to the Queensland Court of Appeal, days before the supervision order was expected to expire.
The court today found there were reasonable grounds to believe Fardon was a "serious danger to the community" without being supervised, allowing the State Government's appeal.
Chief Justice Catherine Holmes, Justice Robert Gotterson and Justice James Henry extended the supervision order until a further hearing is listed.
The court also allowed new psychological evidence to be presented by Fardon at the next hearing.
During the appeal hearing Solicitor-General Peter Dunning QC argued Fardon, now 69, should not live unsupervised because he remains a "serious danger to the community".
The man, considered one of Queensland's worst sex offenders, was jailed for 13 years in 1988 for the violent rape of a woman and committed a further rape just four months after being released from jail.
He is also responsible for the rape of a 12-year-old girl at gunpoint.
During the appeal hearing, Mr Dunning argued too much weight was given to psychiatric report that described Fardon as a "low risk" in the original hearing of the matter.
He said despite the fact Fardon's sex offences occurred some 30 years ago and the man had been living in the community on a supervision order for four years without complaint, he has "not been cured".
"These are features of his personality ... it's 30 years ago, but it's not something he's been cured of," Mr Dunning said.
"There are reasonable grounds to believe he is a serious danger to the community without such an order."
A supervision order requires an offender to be subject to curfews, counselling and restrictions.
Mr Dunning told the court despite the fact the psychiatric report described Fardon's risk of sexual offending in recent years as "reduced past moderate to low risk", it should be noted that he was considered high risk for decades before.
Fardon's lawyers argued during the hearing he had "not put a foot wrong" since being released into the community on a supervision order in 2013.
The court heard Fardon's offending in the past always occurred when he was intoxicated by alcohol and drugs and had now "sworn off" them.
The supervision order also restricted Fardon from consuming alcohol and drugs.
"There is clear evidence he has learned that the problems associated with his behaviour in the past has been related to alcohol and drugs and he has realised the error of his ways and sworn off them," barrister Daniel O'Gorman told the court last week.
Mr O'Gorman also argued Fardon had no ongoing proclivity toward serious criminal offending, sexual violence or sexual sadism.
He said the man's risk of reoffending had "markably diminished" because he was now almost 70 years old.