Serial sex predator Colin Charles Humphrys wants release order to activate as battle to overturn it stretches out another six months
Serial child sex predator Colin Charles Humphrys will ask the Supreme Court to release him from prison next week with a new legal tactic, as the political and legal fight to keep him behind bars drags on.
Law and Order
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Serial child sex predator Colin Charles Humphrys will ask the Supreme Court to release him from prison next week — because the political and legal fight to keep him behind bars has taken too long.
For more than 10 months, both the State Government and Director of Public Prosecutions have worked to overturn an order granting the convicted paedophile and kidnapper supervised release into the Bowden-Brompton area.
On Wednesday, the court heard they needed a further six months to prepare their case, which will be the first under tough new laws introduced specifically to stop Humphrys’ release.
Counsel for Humphrys said that was unacceptable, and their client should be released as per the original order until the authorities were ready to proceed.
In an unusual twist, both applications were made before Justice Trish Kelly — the very judge who ordered Humphrys’ release in the first place.
“There’s nothing that can be done except to repeat what I and other judges have been saying, that this situation is completely unsatisfactory,” she said.
“This is an application (defence counsel) is entitled to make, but I should not be hearing it.
“What I will do is put it on next week … Justice (Judy) Hughes can hear it … I think that’s the best thing to do.”
Humphrys, 66, has been indefinitely detained for nine years, six months and 28 days because he is either unwilling or incapable of controlling his sexual instincts.
His criminal history spans decades, and he is infamous for the 1990s kidnapping and abuse of a child known as “XX”.
Previously, the court has heard Humphrys is capable of meeting, grooming and offending against a child within 30 minutes of meeting them for the first time.
In March last year, Justice Kelly granted his bid to live, under monitoring and supervision, in the Bowden/Brompton area.
The Office of the Director of Public Prosecutions tried, and ultimately failed, to overturn that order on appeal — meaning it remains legally valid.
Meanwhile, XX broke his 27-year silence and spearheaded a successful campaign — supported by the Carly Ryan Foundation and The Advertiser — to change state law.
Under the new legislation, predators must be able to prove they can control themselves, and that they no longer pose a risk to the public, before they can be released.
The law also granted the DPP power to have prior release orders reviewed by the Supreme Court.
It made such an application in Humphrys’ case, effectively placing the still-valid release order on hold until the matter could be argued.
On Wednesday, Kathryn Hodder, for the Attorney-General’s Department, said the authorities needed another adjournment.
“The situation is that the court is still awaiting the second expert psychiatric report,” she said.
“Recently, I’ve been advised that the report has been assigned to Paul Furst, and it’s estimated that it will take approximately six months to complete.”
Dr Furst is head of the state’s forensic community mental health service, and has given his opinion on dozens of cases including Salt Creek backpacker kidnapper Roman Heinze.
Ms Hodder said one report had been finished — that of Dr Narrain Nambiar, who advocated against releasing sex predator Gavin Shaun Schuster in 2016.
Edward Jolley, for Humphrys, said the court should consider activating the existing order in the meantime, and Justice Kelly said that should be considered by Justice Hughes.
She remanded Humphrys in custody until next week.
The Advertiser understands Humphrys’ application will take one of two forms, depending on legal advice.
He could argue that, owing to the extensive delay, he has suffered an injustice and the still-valid order should immediately activate.
Alternatively, he could ask authorities to show good reason why the release should be further postponed and, if they are unable to do so, argue he should be freed.
In either scenario, Humphrys remains liable to be jailed again should the review, under the new legislation, succeed.
After the hearing, XX told The Advertiser he would not be speaking publicly until after next week’s hearing.
Director of Public Prosecutions Adam Kimber SC issued a statement “to emphasise that the delay in this matter is in no way” his the responsibility.
“The medical reports required to be provided under the Act were ordered by the Supreme Court on 4 July 2018,” he said.
“That included the report referred to in Court this morning which still has not been prepared.
“That the report has not been prepared since 4 July 2018, and how long it will take to prepare, are not things over which the Director has control.”
Outside court, Opposition legal affairs spokesman Kyam Maher said Humphrys’ new bid was extremely concerning.
“The Opposition introduced legislation to keep him behind bars, and the government had to be dragged kicking and screaming to support it,” he said.
“If there’s any chance that Humphrys may be released because the government hasn’t got its act together to provide the necessary reports, then the community would have every right to be concerned and very angry with the government.”
Attorney-General Vickie Chapman said the government remained opposed to Humphrys’ release “now and in future”.
“Through strong legislation, this Government has ensured serious sexual offenders remain behind bars where they are found to be incapable of controlling or unwilling to control their sexual instincts,” she said.
“This appears to have discouraged other offenders from pursuing applications for release, including offenders such as Gavin Schuster and Raymond Slater.
“I want to assure all South Australians that this Government’s first priority will always be keeping the community safe and, where we have sufficient grounds to believe that an offender continues to pose a risk, we will take whatever action we can to protect the broader community.
“Mr Humphrys’ crimes are absolutely abhorrent and should be treated as such.”
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