Serial pedophile Mark Trevor Marshall abandons plea for release
SERIAL pedophile Mark Trevor Marshall has abandoned his controversial plea for release, just months after child pornography was allegedly found in his cell.
SERIAL pedophile Mark Trevor Marshall has abandoned his controversial plea for release, just months after child pornography was allegedly found in his cell.
Lawyers for Marshall today told the Supreme Court they would not pursue his application for release on licence from prison.
Lawyers for the State Government and Commisioner for Victim’s Rights Michael O’Connell, however, said Marshall’s retreat was insufficient.
They called on the Court to formally dismiss the application, saying Marshall could otherwise restart it as early as next week — which they said would be an abuse of the legal process.
Since 2011, the Supreme Court has been considering the licence conditions under which Marshall, 44, can be released.
He has a history of sex offending dating back to June 1987 and has been jailed since 2009, when he was declared unwilling to control his urges.
DAVID PENBERTHY: Marshall should stay behind bars
Marshall’s quest for release has attracted great controversy, with public servants employed to find him a residence and police questioning his insight into his offending.
An Advertiser report about the case was deleted from the internet after prosecutors wrongly claimed it contained information from a closed court hearing — it was then republished.
Psychiatrists have claimed the risk Marshall poses to the community is “as good as its going to get”, while legislative change prompted calls for public safety to be prioritised.
Attorney-General John Rau vowed to intervene in the matter if required, as did the Liberal Party prior to the State Election.
In March, The Advertiser reported prison staff had allegedly found names and photographs of children, as well as maps of suburbs, in Marshall’s cell.
Despite it being the second time in three years he had been caught with such material, Marshall opted to continue with his application for release.
Today, Justice Trish Kelly called on the parties to file written submissions about whether or not she should formally dismiss Marshall’s bid by the end of next week.
She said she would make a formal ruling next month.
Outside court, Mr O’Connell said he would instruct his counsel to support the State Government’s push to have the application dismissed.
“This is consistent with my stance, which reflects Parliament’s intention when it reformed the law, to make community safety paramount,” he said.
“Further, this was an endeavour to give his (Marshall’s) victims a voice and is now about protecting potential child victims.”
Mr O’Connell said he was grateful to Justice Kelly for allowing him to make submissions in the matter.