Queensland's worst sex-offender 'still a threat'
QUEENSLAND'S most notorious sex-offender Robert John Fardon is "not cured" of his deranged urges and remains a danger to the community, lawyers for the Attorney-General have argued during a court hearing to stop him living unsupervised in the community.
Last month, lawyers for Queensland's Attorney General Y'vette D'Ath lost a bid to have a supervision order that had been slapped on the serial rapist in 2013 extended beyond it's October expiration date.
They have appealed Supreme Court Justice David Jackson's decision that there were "not reasonable grounds" to believe Fardon would be an unacceptable risk of reoffending, in the Queensland Court of Appeal.
Solicitor-General Peter Dunning QC argued Fardon, now 69, should not live unsupervised because he remains a "serious danger to the community".
The court this morning heard Fardon, who is considered one of Queensland's worst sex offenders, was jailed for 13 years in 1988 for the violent rape of a woman shockingly 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.
Mr Dunning today 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 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 this morning told the court the man 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.
Although, the supervision order also restricts 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.
Mr O'Gorman also argued Fardon no ongoing proclivity to 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.
The court heard new legislation would mean an application could be made to keep Fardon under a "prohibition order" if the appeal to have the supervision order extended was unsuccessful.
The Court of Appeal have reserved their decision.