A notorious paedophile responsible for the abduction and death of a schoolgirl in 1986 walked free when the state failed to gain court approval for an extended prison term. This man shows no remorse for the crime he has committed and he is now free because he has served the sentence imposed by a judge at his trial. The prison authorities responsible for his care during confinement warn that he is unrepentant and is likely to again reoffend.
That release was not unconditional. He is required to wear an identity bracelet at all times and that enables his supervisors to monitor his exact location on a twenty-four hour basis. His movements are restricted and he may not visit certain suburbs or places where children tend to congregate. He must live at an approved address and at present that is a half-way house.
We are well aware of instances where those under curfew have removed their security bracelet and gained the ability to commit further crimes. As a consequence, the police have the legal authority to check compliance and that includes making a visit to the nominated address at night to gain assurance that the subject is complying with the court order.
A hearing into police conduct is hearing complaints that offenders are being interrupted many times a night and this constitutes harassment. Not only the person under sanctions but the entire family may be awaken when police come to the door and demand the person prove that they are in residence and complying with the court order.
Should that knock on the door go unanswered, the police may shine torches through windows or light the home by the beam from their police vehicle and this draws the attention of neighbours. The enquiry heard evidence from an indigenous man living in Newcastle that this check took place five times on one night and constituted harassment. In that case the charges were dropped after a long period of excessive monitoring.
The police gave evidence that making a check at a constant time was unproductive. The subject simply made sure he or she was home at that time and scheduled criminal activity accordingly.
Checks were made according to the time police were available from other duties and several patrols might have that task on their work sheets.
Police training now includes measures on waking people for identity checks at appropriate intervals and on the shining of lights on the property, leaving the property when asked to do so and making sure that multiple visits are appropriate.
While it may be unpleasant for the person under scrutiny, the public will be relieved to know that the orders imposed on release are being enforced. Having to appear and be identified seems a very reasonable imposition when compared with the alternative. Spending the night locked in a cell in one of the states prisons.
Many parents will get a better nights sleep knowing that these conditions apply to a man who murdered a child, and who many believe should not have been released !
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