Sex fiend Colin Charles Humphrys agrees to postpone release bid until after March 11
Sex predator Colin Charles Humphrys’ bid for supervised release has been stymied by an 11th-hour legal tactic — as an artist captures his likeness for the first time in 20 years. See it here.
Law and Order
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- Bombshell: Six-month delay sparks predator’s new release bid
- Opposition calls for greater public information about predators
- State Government moots reforms to stop Humphrys debacle repeat
This is Colin Charles Humphrys as he looks now — the first new image of the serial sex predator and kidnapper in almost 20 years.
Artist Tim Ide captured Humphrys’ likeness for The Advertiser on Wednesday morning, when the paedophile’s renewed bid for supervised release was stymied by an 11th-hour legal move.
As revealed exclusively on Advertiser.com.au, prosecutors emailed the Supreme Court just after 7am saying the report key to keeping Humphrys jailed would be ready by March 11.
Originally, the court was told the state’s chief psychiatrist, Dr Paul Furst, needed a further six months to complete his analysis of Humphrys’ ability to control his sexual urges.
The last-minute scramble, following a week of community outcry and political finger-pointing, slowed but did not derail Humphrys’ bid to live in Bowden-Brompton.
He has filed a two-fold application with the court.
First, Humphrys is seeking to have the original order for his supervised release — issued under previous state law — activated so he can move into Bowden-Brompton.
Secondly, he wants the state’s new anti-paedophile laws, which make the test for release tougher, referred to the Full Court — because, he says, they are legally invalid and should be struck out.
Humphrys’ victim, “XX”, who campaigned for the new laws, said he was relieved the predator’s progress had been slowed.
“It’s certainly helping me get back to focusing on my life, knowing that (the case) will be focused on the amendments and not the failings of the public service,” he said.
“I’m glad that everyone worked hard to support the prosecution in today’s hearing.”
Humphrys, 66, was last year granted supervised release from prison despite his uncontrollable sexual instincts.
Though an appeal against that order failed, he remained imprisoned because his victim, “XX”, successfully campaigned for changes to paedophile release laws.
Under those changes, the legal “test” for release is now that paedophiles must prove, beyond reasonable doubt, they can control themselves in order to leave jail.
However, if two forensic psychiatrists agree that Humphrys cannot control himself, then his release order will be reviewed and overturned.
In the eight months since expert reports were sought, the Supreme Court has received only one — and was last week told the second was six months from completion.
Last week, Humphrys’ counsel said they would ask the court to activate the original order — which is still legally valid — and release their client until the eventual review.
Following the court hearing, radio station FIVEaa broadcast an address at which, it asserted, Humphrys would live following his release.
That broadcast breached suppression orders, made at the same time as the release order, banning the media from publishing Humphrys’ address.
The State Opposition subsequently called for an overhaul of the way in which the public was made aware of child sex predators living in their midst.
It also blamed the six-month delay on Attorney-General Vickie Chapman, saying her department had failed to provide the report in a timely fashion.
Ms Chapman accused the Opposition of using the Humphrys case to “incite fear”.
She announced upcoming legislative reform to increase the number of experts qualified to write the necessary reports, saying that would prevent delays in future.
In court on Wednesday, Director of Public Prosecutions Adam Kimber SC said he had filed his written submissions earlier that morning.
“I was advised by the Director of Forensic Mental Health, Dr Furst, that the outstanding report would now be ready by March 11,” he said.
“As a consequence, that significantly impacts upon a limb of (Humphrys’) application.
“I’m happy to argue it this morning, but first the court might want to hear from Humphrys’ counsel.”
Ed Jolley, for Humphrys, agreed it was best to wait for Dr Furst’s report before progressing the matter.
“The provision of that report will determine, one way or another, what happens,” he said.
“If the report is negative then, on one view, the application (for release under the original order) cannot be maintained.”
Justice Judy Hughes said she had read all of the material filed and was ready to proceed, but agreed to adjourn until Dr Furst’s report was ready.
She noted that “a considerable amount” of new evidence had been filed since Justice Kelly’s original decision.
“I will be keen to understand what Humphrys’ position is about the weight of that additional evidence,” she said.
“I will also be assisted by knowing the prosecution’s position as to the effect the change of the test has upon Humphrys’ application (to be released under the old order).”
Justice Hughes also gave “an indication” of her view of a potential Full Court challenge to the new law.
“On the material I’ve seen, that application is not clearly made out,” she said.
“It might be after I’ve heard some argument about it, but I just want the parties to ponder that.”
She remanded Humphrys in custody until next month.
Outside court, XX said he was pleased Parliament had “moved so quickly” to change the law and stop Humphrys.
“Serial paedophiles like Colin Humphrys should never be released,” he said.
“All I can do now is be patient and see how these amendments hold up in court over the coming months.”
Ms Chapman said the Government was “resolute in doing all it can” to ensure Humphrys and other predators remained in jail.
She said Mr Kimber had advised he would oppose Humphrys’ challenge to the validity of the new law “on a number of different grounds”.
“I appreciate the Chief Psychiatrist and my Department working together to expedite the second psychiatric report,” she said.
State Opposition leader Peter Malinauskas welcomed the outcome of the hearing, saying it would come as a great relief to the residents of Bowden-Brompton.
However, he said the sudden availability of the report — and the DPP’s 7am email — demonstrated “the chaos of the current Government”.
“What has the Attorney-General of this state been doing since June last year?” he asked.
“The angst this has caused to the community could have easily been avoided if she’d done her job back in June, rather than trying to sort it out at the 11th hour.
“It appears Vickie Chapman and the Liberal Party have been caught napping on a couple of issues … there appears to be a pattern of behaviour here.”
Opposition legal affairs spokesman Kyam Maher said Ms Chapman should reveal when she knew the report had been delayed, and what she had done to resolve the issue.
“This Government has got to get its act together,” he said.
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