Appeal bid to prevent serial sex predator Colin Humphrys from prison release fails in Full Court
UPDATE: The state’s top prosecutor says he will decide by Thursday whether he will use new laws to block serial sex predator Colin Humphrys’ release from prison.
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THE state’s top prosecutor says he will decide by Thursday whether he will use new laws to block serial sex predator Colin Humphrys’ release from prison.
On Monday, the Full Court of the Court of Criminal Appeal dismissed a challenge to orders that Humphrys be released, on licence and under monitoring, into the Bowden-Brompton area.
It further ordered any move to release Humphrys not go ahead until at least 14 days have passed.
The Full Court’s decision comes in the wake of Parliament last week passing laws – called for by The Advertiser – that prevent uncontrollable predators being released.
The Government and Opposition, who gave the laws bipartisan support, said they would ensure Humphrys did not set foot outside prison.
Past expert medical evidence and statements from the Parole Board assert Humphrys does not meet the test, under the new legislation, to be eligible for release.
Following the hearing, Director of Public Prosecutions Adam Kimber SC said those new laws had come into force on Monday morning.
“(They) give me the ability to make an application to have the release on licence of anyone previously released reconsidered by the Supreme Court,” he said.
“The appeal having been dismissed, I am obliged to carefully consider a number of matters — most importantly, not only the new legislation and all relevant material available to me with respect to Humphrys, but also the judgment handed down today.
“I intend to make my decision by no later than Thursday, 28 June.”
Legal precedent holds that, if Mr Kimber chooses not to file an application, the Government has the power to direct him to do so.
The court’s decision, and Mr Kimber’s statement, greatly concerned one of Humphrys’ victims, who is known only as “XX”.
“It’s very safe to say I never had a great deal of faith in the existing appeal, that’s why I’m so grateful our politicians listened to me and the public about the need for reform,” he said.
“It looks like these new laws are going to be tested very soon, which is a little bit frightening to me even though I’d like to be quietly optimistic.
“This is where we find out whether the laws have the teeth they need, or whether Colin Humphrys and those like him will be walking our streets very soon.”
In March, Supreme Court Justice Trish Kelly ordered Humphrys, 66, be released on licence and under strict supervision.
Her order ran contrary to the fears of the Parole Board – which warned he would be difficult to monitor – and doctors – who said his sexual instincts remained uncontrollable.
Humphrys’ planned address would have remained secret had The Advertiser not successfully opposed a bid to suppress it.
That victory, under the “Your Right To Know” campaign, sparked community ire and prompted XX, one of Humphrys’ victims, to break his 27-year silence.
Supported by the campaign and the Carly Ryan Foundation, he petitioned the State Government to change paedophile release laws.
Meanwhile, the DPP filed an appeal – under the laws that already existed – asking the Full Court to overturn the release order.
Last week, the new bill passed both houses of Parliament with bipartisan support.
On Monday, Governor Hieu Van Le assented to the bill, passing it into law, following a special meeting of the Government’s executive council.
Less than 30 minutes later, the Full Court – comprised of Chief Justice Chris Kourakis and Justices Ann Vanstone and Kevin Nicholson – unanimously dismissed the DPP’s appeal.
In its 19-page judgment, it found Justice Kelly “had regard to all the risks” Humphrys posed and “gave adequate reasons” for its decision to release him.
It further found she had “accepted there was some, albeit very guarded, prospect for improvement” in Humphrys’ willingness to control himself if released.
Chief Justice Kourakis said the conditions placed around Humphrys’ release, including electronic monitoring and personal supervision, were adequate.
He said the DPP led no evidence of a “tangible, discrete risk” that Humphrys “might deceive” his minders “into allowing him sufficient opportunity to reoffend”.
“Importantly, the Parole Board did not report that Humphrys’s ability to deceive Community Corrections officers posed a discrete, substantial risk,” he said.
“(The Board) did not express concern that he might ‘engineer’ himself into an opportunity to offend against a child.
“In any event, such a risk can only be described as remote.
“I cannot imagine that any persons assigned to supervise him would not be made fully aware of his tendency to minimise his offending, his tendency to cultivate relationships with young males and his capacity for deceit and manipulation.”
He said Justice Kelly had done more than “merely observe” Humphrys could do little to further rehabilitate while in prison with no access to specialist counselling.
“She accepted that … notwithstanding the need for caution, there are some prospects of improvement in his condition from treatment whilst on licence,” he said.
Carly Ryan Foundation chief executive Sonya Ryan said the decision “showed just how desperately” the new law was needed.
“It also shows that the work of victim advocacy, while extremely difficult in terms of people having to re-live their suffering, is so important,” she said.
“Thankfully this government listened to XX, to the Foundation and to The Advertiser … revolting individuals like Humphrys should never be released.”
Acting Attorney-General John Gardner said South Australians could be assured that Humphrys would remain in jail despite Monday’s decision.
“The Marshall Government has amended the Sentencing Act to better protect South Australians,” he said.
“The Director of Public Prosecutions Adam Kimber now has the power to make an application to have Mr Humphries release on licence cancelled.
“Mr Kimber is currently considering this matter.”
Shadow Attorney-General Kyam Maher said Humphrys would be released in 14 days if not for the new law.
“We, as an Opposition, are very pleased the Government did not do what they originally indicated, which was to wait for this judgment (before acting),” Mr Maher said.
“Instead it heeded our call to have this new legislation passed last week.”
He said the DPP could now apply to have Humphrys reassessed, under the new law, and seek to have his release on licence revoked.
“A court would now have to be convinced Humphrys was willing and capable of controlling his sexual instincts,” he said.
“What we have seen, in both the Supreme and Full Courts, is that the medical evidence shows he is not.
“We very much hope that the DPP makes the decision to apply and, if it does not, we think this is one of those cases where the Attorney-General should instruct him to do so.”
The Government’s power to direct the DPP to act arises from the controversial Paul Habib Nemer case.
In August 2001, Nemer shot newsagent Geoffrey Williams in the eye, mistakenly believing the newsagent was stalking two young girls.
Following a plea bargain with then-Director of Public Prosecutions Paul Rofe, QC, Nemer received a $100 bond.
The penalty sparked widespread public outrage and political turmoil, with then-Premier Mike Rann to campaign for re-election on a platform that Nemer be imprisoned.
Mr Rofe declined to file an appeal, prompting a High Court challenge as to the extent of his independence from the Government.
The High Court ruled Mr Rofe had to act as directed – Nemer was subsequently jailed, on appeal, for a minimum 21 months.
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