Court rejects serial paedophile Gavin Shaun Schuster’s bid for freedom
ORDERS that serial sex predator Gavin Shaun Schuster be released were made in error by a judge who did not properly assess the potential risk to the community, a court has ruled.
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ORDERS that serial sex predator Gavin Shaun Schuster be released were made in error by a judge who did not properly assess the potential risk to the community, a court has ruled.
On Monday, the Full Court of the Court of Criminal Appeal overturned Schuster’s imminent release. The Director of Public Prosecutions Adam Kimber SC had previously argued against it.
In its unanimous ruling, the court found now-retired Justice John Sulan had not, when ordering Schuster’s release, heard sufficient evidence to determine the risk he would:
WALK out of, or climb the fence at, the low-security Kilburn facility at which he was to be housed in order to escape.
RUN away, despite an electronic monitoring bracelet, while on supervised excursions outside the Anglicare-run, volunteer-staffed facility.
REMOVE the tracking bracelet from his ankle altogether and reoffend before he was apprehended.
In their joint reasons, Chief Justice Chris Kourakis, and Justices Malcolm Blue and Sam Doyle, said such matters should have been argued before Justice Sulan — but were not.
“Without evaluating the nature, likelihood and consequences of (those) risks ... the judge was not able to assess the potential risk to the public of ... Schuster reoffending,” they said.
“The absence of the judge’s consideration of those questions vitiated (destroyed or impaired the legal validity of) the exercise of his discretion.
“Indeed, without assessing those risks, the judge was not in a position to ensure that (his) paramount consideration was the safety of the public.”
They remitted Schuster’s case back to the Supreme Court for re-hearing — a ruling that came as a great relief to Kilburn mothers Jodi Daniels and Melissa Vesey.
The pair, and their children, live just a few hundred metres from the facility in which Schuster would have been housed.
“It happened so quickly we almost couldn’t comprehend it, but this is very much a victory,” Ms Daniels said outside court.
“Our argument was the freedom and rights of our children were more important than Schuster’s.
“We are very thankful that the court did the right thing, we now just hope that the next judge will read the law as it is written and put the community’s safety first.”
Ms Vesey said the ruling was “almost like winning the lotto” and thanked the South Australian public for voicing their disapproval over Schuster’s release.
In April, Justice Sulan ordered Schuster’s release conceding he would “always” be a risk but “nothing is perfect in this world”.
Following public outcry Mr Kimber appealed, arguing Justice Sulan had placed “unreasonable” and “plainly unjust” emphasis on Schuster’s rehabilitation instead of public safety.
On Sunday, child safety advocates warned freeing Schuster would likely have sparked protests and even vigilante action.
In Monday’s judgment, the court said Justice Sulan “made no finding” Schuster had good prospects of rehabilitation but rather the “negative finding” of possible institutionalisation.
“The absence of consideration of the level of Schuster’s prospects of rehabilitation vitiated the exercise of his discretion,” it said.
It also noted the freedom bid had been “conducted on the silent premise that Schuster is unable to control his sexual instincts”.
“A detailed consideration of these matters was necessary in order to assess the nature and extent of the risk to public safety presented by Schuster,” it said.
Schuster’s matter will be reheard on a date to be set.