Serial paedophile Gavin Schuster’s bid for release to be considered under tough new laws imposed to stop repeat sex offenders
A SERIAL paedophile whose release from prison sparked community outrage before it was overturned is trying again – this time under tough new laws championed by The Advertiser.
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A SERIAL paedophile whose release from prison sparked community outrage before it was overturned is trying again – this time under tough new laws championed by The Advertiser.
On Wednesday, the Supreme Court heard prosecutors believe Gavin Shaun Schuster’s latest bid for freedom must be considered under the rewritten Sentencing Act.
That view, however, is not shared by the predator nor his counsel, Greg Mead SC.
“This matter is possibly caught by the amendments to the legislation – we are in the process of considering the issue,” Mr Mead told the court.
Schuster, 41, has offended since the age of 12 and has been in prison since 2000.
He secured release on licence in 2016, when a judge conceded Schuster would “always” be a risk but “nothing is perfect in this world”.
That prompted community outcry and exposed inadequacies in the Sentencing Act’s provisions regarding the release of uncontrollable sex predators.
It also sparked a DPP appeal, which argued Schuster could easily climb the fence of, then walk or run away from, the Kilburn facility due to house him.
Four months after it was issued, the release order was set aside by the Full Court of the Court of Criminal Appeal – which said it should be re-heard.
In June this year, the Act was amended following a campaign by The Advertiser, the Carly Ryan Foundation and a child abuse survivor known as “XX”.
The successful campaign was sparked by a court order that predator Colin Charles Humphrys, who kidnapped XX when he was 9, be released to live in the Bowden-Brompton area.
In a rare bipartisan move, both sides of politics agreed to toughen the laws so predators must prove they have rehabilitated before they can be considered for release.
That proof must come from three medical health experts, all of whom must agree the offender is willing and capable of exercising self-control.
They also granted the Office of the Director of Public Prosecutions power to seek to have release orders revoked.
An application regarding Humphrys is being considered, while serial rapist Raymond Slater has also filed a bid for freedom under the rewritten laws.
On Wednesday, Mr Mead asked Schuster’s application be adjourned while he considered the new laws, and Chief Justice Kourakis agreed.
“As you might have been told, legislation has changed the law applicable to any release application you might make,” he told Schuster.