DPP elects not to challenge sex predator Vivian Deboo’s bid for an appeal, will fight him in Full Court over home detention sentencing
Sex predator Vivian Deboo’s home detention bid has been fast-tracked to the state’s highest court without a hearing — because Adelaide’s outgoing top prosecutor opted not to challenge his right to appeal.
Law and Order
Don't miss out on the headlines from Law and Order. Followed categories will be added to My News.
- The sentence: Child sex predator jailed until 2024
- The appeal: Deboo renews push for home detention sentence
- The Director: Kimber to leave DPP after Cabinet snub
Sex predator Vivian Deboo’s home detention bid has been fast-tracked to the state’s highest court without a hearing — because Adelaide’s outgoing top prosecutor opted not to challenge his right to appeal.
Vivian Frederick Deboo’s tilt against his prison term has been rubber-stamped through the first stage of appeals process, ahead of its scheduled hearing on Monday.
Director of Public Prosecutions Adam Kimber SC elected not to fight Deboo in front of a single judge, choosing instead to battle him before the three-member Full Court bench.
A victory for Mr Kimber in that arena would serve to enshrine the former Labor Government’s home detention laws in legal precedent.
That would help ensure future sex offenders could receive only prison or wholly suspended sentences.
On Friday, one of Deboo’s victims, known as “B”, said he had been consulted by the DPP, and could only “hold my breath” and hope for justice.
“I’m disappointed we are now being forced to relive this all over again,” he said.
“The silver lining for us is that, if Deboo’s appeal is unsuccessful, it will create a precedent that locks up paedophiles and protects other kids.
“I really believe that, and that’s why I’m not furious.”
His brother, known as “A”, said he was “deeply upset” to think Deboo had “even a hint of a possibility” the appeal might succeed.
“I have spent four years of my life working towards putting this monster behind bars where he belongs, not only for what he did to me, but also for others who for many reasons are not able to come forward,” he said.
“To be told that this ‘victory’ is now not a certainty is a very hard pill to swallow.
“I have faith in the DPP … I am confident that they will fight as hard and aggressively as the legal process allows … this is their fight now, and I am a bystander.”
Deboo, 74, has been jailed until 2024 for abusing A and B in the 1990s — a sentence he insists was imposed in error.
He has filed an appeal, claiming he should have been ordered to serve his time on home detention at the residence he shares with his wife.
In SA, offenders must first secure permission to appeal from a single judge before their case can be argued before the Full Court bench.
Deboo’s application for permission to appeal was scheduled for Monday.
This week, however, that hearing was vacated, meaning the Full Court will consider whether the appeal is arguable and decide if it should be granted.
On Friday, A said Deboo’s original, “comprehensive and meticulously documented” sentence must not be altered.
“Let’s hope the appeal is rejected and that a new legal precedent is set in this country,” he said.
“It would demonstrate the public’s desire and expectation for harsher penalties for these heinous criminals who commit sexual offences against our innocent children.”
Mr Kimber thanked A and B “for the way in which they have engaged” with him.
He said an appeal had only to be “reasonably arguable” to earn the court’s permission, and noted the home detention laws had “yet to be tested”.
“Notwithstanding my position being that the sentencing judge’s approach was correct, in my opinion, those matters make the appeal ‘reasonably arguable’,” he said.
“The position I have taken is not a concession with respect to outcome of the appeal.
“I have made that clear in my communications with the Court, the victims and Mr Deboo’s counsel.”
Opposition legal affairs spokesman Kyam Maher warned precedent would work only in “similar cases” to that of Deboo, and said legislative reform was needed.
“The Opposition has legislation before parliament that will exclude child sex offenders from any possibility of court-ordered home detention,” he said.
“If that Bill had been passed, if the government was prepared to deal with it, Deboo would have had no grounds on which to appeal.
“The only way to guarantee that people like Deboo cannot have access to court-ordered home detention is to pass our Bill.”
Attorney-General Vickie Chapman disagreed, saying the government was finalising a draft bill on the issue that would be put “out to consultation in the near future”.
She said she was in regular contact with A and B about those proposed amendments.
“It is grossly irresponsible for the Labor Party to push for knee jerk legislation following their abysmal track record in creating serious legal problems,” she said.
“It’s important we get this right, and as I’ve said from the beginning, Labor’s one-page fix to home detention would be a disaster to how the system works for everyone, not just for an individual case.
“I want to assure the community that Vivian Deboo remains in custody and the government does not support his release into the community.”
Home invaders steal, then crash, Mercedes
A luxury Mercedes sedan has been stolen by a man and woman during a violent home invasion at Kurralta Park.
It’s official: Notorious child predator to stay locked up
A notorious serial kidnapper and child predator has finally had his bid for release into the community denied after a two-year legal and political battle.