Thursday, 3 July 2008

Justice denied.

From time to time the process of law requires fine tuning. Circumstances change and those changes need to be accommodated so that justice is served.

Such is a situation in Queensland. A notorious paedophile has served his sentence in gaol and has been released. During his incarceration he refused rehabilitation and his release was against the emphatic advise of both psychiatrists and his jailers - who were certain that he would promptly re-offend.

They were correct - and he was arrested for a sexual offence against a young girl. This attracted wide publicity - and as a result he was hounded from several places of residence by those living nearby with young children.

When he finally appeared before a court, the magistrate dismissed the charge on the grounds that " because of the publicity, he could not get a fair trial ".

It is not acceptable that a paedophile escape retribution simply because his crimes have become known to the public. It may be true that the potential juror pool has been exposed to news broadcasts detailing his case - but the option remains for the trial to be conducted without a jury in the presence of an experienced judge.

This matter raises an additional point of law that needs attention.

When a paedophile refuses rehabilitation while in custody there is a strong assumption that he has no intention of discontinuing his activities upon release.
It is time that sentencing be amended to make rehabilitation an integral part of the sentencing procedure.

The term of the sentence imposed should be conditional on the prisoner voluntarily undergoing rehabilitation. In the event of refusal - no time frame applies and the prisoner remains in gaol indefinitely.

Those framing our laws could well consider applying options - one of which would certainly include castration in return for a reduced sentence.

It is simply not acceptable that unrepentant paedophiles be released to prey on our children because they refuse treatment to amend their evil ways !

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