Convicted pedophile Vivian Frederick Deboo will challenge jail term for abusing Adelaide’s masked brothers

Sex predator Vivian Frederick Deboo has asked the state’s highest court to overturn his six-year prison term and allow him to serve it in the comfort of his home, alongside his wife.

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Sex predator Vivian Frederick Deboo has asked the state’s highest court to overturn his six-year prison term and allow him to serve it in the comfort of his home, alongside his wife.

The Advertiser can reveal the twice-convicted paedophile, who is not eligible for release until 2024, has filed a legal challenge with the Court of Criminal Appeal.

Deboo, 74, claims he was punished too harshly for destroying the lives of two boys – now known as the masked brothers “A” and “B” – in the 1990s.

He also says the District Court should have considered his age, general health and prior good character sufficient reason to avoid a jail cell and serve any sentence at his Pasadena home.

On Wednesday, A said Deboo’s appeal was no surprise – but the thought of his release was “deeply disturbing”.

“After what felt like the end of this long and exhaustive process, my mind has again been invaded by thoughts of this monster … it feels like another chapter has just begun,” he said.

“The prospect of him getting out of jail and heading home for the remainder of his sentence is deeply disturbing and has caused me and my family considerable anxiety and stress.

“I hope (the court) will deny this based on plain old common sense and overwhelmingly strong community expectations.”

B agreed.

“As a 10-year-old kid, there was no chance for me to appeal,” he said.

“For the past 30 years, I’ve had no avenue of appeal.”

“B” drew public attention to Deboo’s case by protesting outside court with a sign, wearing a mask – which became a signature of the campaign waged by himself and his brother, “A”.

In December, Deboo was jailed for six years, seven months and six days and made ineligible to seek parole until March 9, 2024 – when he will be 80.

The sentencing ended years of torment for A and B, who were but two of many boys who fell victim to his predatory ways in the Adelaide Hills and on the Fleurieu Peninsula.

Deboo not only sexually abused his victims but also twisted their faith in God and their parents, tricking them into believing their families had condoned his abuse.

United, the brothers and their army of supporters created a “monster’s crossing” outside court, forcing Deboo to spend his last moments of freedom taking a “walk of shame”.

Deboo’s wife, Margaret, continues to support her husband. Picture: AAP/Brenton Edwards.

In sentencing, Judge Simon Stretton ruled there was no good reason to spare Deboo jail, noting his lack of psychological or psychiatric conditions and saying he had “no excuse”.

In his appeal documents, Deboo criticises Judge Stretton’s approach and says his punishment should have been either suspended or served at home with his wife, Margaret.

“The sentence was manifestly excessive … he erred in declining to suspend the term of imprisonment imposed,” he writes.

“He erred in finding that special reasons did not exist for the making of an order that the sentence of imprisonment be served on home detention.

“The sentence of imprisonment should be set aside and I should be resentenced to a term of imprisonment suspended or, in the alternative, to be served on home detention.”

Deboo spent his last moments of freedom taking a “walk of shame” along a “monster’s crossing” created by the brothers and their supporters. Picture: AAP/Brenton Edwards.

Under state law, Deboo must first secure permission to appeal before a single judge, who will rule whether his claims are arguable and have any merit.

If he succeeds, his challenge will then be heard by a panel of three judges.

On Wednesday, A said the appeal process was an extremely important part of the justice system that rectified “genuine errors”.

“Deboo pleaded guilty … Judge Stretton sentenced him for these crimes … surely this is where the legal argument should end,” he said.

“For him to suggest Judge Stretton was ‘excessive’, that he ‘erred’, is an absolute load of baloney.

“I can only hope and put my trust in that common sense will win out over legal absurdities.”

B said Deboo’s persistence showed the need for “comprehensive legal change” in the sentencing of child sex offenders.

“This is why we, and groups like Bravehearts and the Carly Ryan Foundation, have called for change in this area,” he said.

“For these crimes, there should be no avenue for home detention – there should be only compulsory, long jail terms.”

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