Sean Fewster: Don’t bet against sex predator Colin Humphrys’ release, the weight of the law could well be on his side
Let’s not mince words – serial sex predator Colin Charles Humphrys’ chances of moving into Bowden-Brompton next week are very, very good, Sean Fewster writes.
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Let’s not mince words – serial sex predator Colin Charles Humphrys’ chances of moving into Bowden-Brompton next week are very, very good.
Few things weigh as heavily in the practice of law than does precedent and that is firmly on Humphrys’ side of the scales.
Justice Trish Kelly’s decision to release him was as watertight as a judgment can be, free of legal error and completely in-step with existing state law.
Unsurprisingly, the appeals court – Chief Justice Chris Kourakis and Justices Ann Vanstone and Kevin Nicholson – upheld it in its entirety.
Four of the most respected and experienced legal minds in the state’s history are 100 per cent simpatico, unanimous and undivided, that Humphrys should be released.
One could well expect the equally-educated Justice Judy Hughes to adopt a similar position next week – legally speaking, it would be entirely proper for her to do so.
After all, the ground work already has been done.
The risk Humphrys poses to the community has been analysed, the level of supervision to which he’ll be subject decided, the restrictions on his movements delineated.
Were it not for laws that didn’t exist at the time, for factors no courts was required to consider, families in Bowden-Brompton already would be looking over their shoulders.
Were it not for his victim, “XX”, publicly campaigning for change, Humphrys would have been out months ago.
And that is precisely the point – Humphrys’ current incarceration is artificial.
His release was not cancelled, merely placed on hold until prosecutors can use the laws to have it overturned.
They’ll likely succeed – the laws were tailored specifically to stop Humphrys – but they have to actually get on before the court first. Asking for another six months, having already had 10, is unlikely to elicit the court’s sympathy.
Indeed, it’s far more likely to add even greater weight to Humphrys’ side of the scales. Without expert psychological evidence, Humphrys could well be released – but waiting for that evidence to be compiled has given him another chance to leave jail.
There appears to be precious little anyone – the State Government, the Opposition, the public – can do other than wait and hope their concerns are unfounded.
But if they are not then, for the first time since 2009, a monster who’s shown he can offend within 30 minutes of meeting a child will leave his cell and return to our community.