Adelaide Aquatic Centre rapist Hayas Kardo a ‘tolerable hazard’ and low risk of reoffending according to test, court told

He preyed on a sleeping woman and maintains he’s innocent – but an expert has told a court this rapist is a “tolerable hazard” for the community.

The Adelaide Aquatic Centre rapist should be spared prison, despite still denying his guilt, because he is a “tolerable hazard” who poses a 2.5 per cent risk of reoffending, a court has heard.

On Wednesday, counsel for Hayas Kardo said their client recorded a very low score on a risk assessment test created by Canadian researchers studying that country’s sex predators.

They told the District Court that, out of a maximum score of nine, Kardo scored negative one – which, they said, warranted him receiving a merciful non-parole period.

Prosecutor Carmen Matteo rejected that assertion, saying police had cautioned Kardo – a taxi driver – for being “overly familiar” with female clients just three months before the rape.

She expressed concern about the Canadian test’s scoring system, regardless of the data upon which it was based.

“By this test, a 59-year-old who offended against a child in their own family could also score negative one,” she said.

Hayas Kardo outside court. Picture: Kathryn Birmingham.

Kardo, 63, was found guilty at trial of raping a woman, 27, as she napped in a spa bath in September 2018.

Last month, the woman told the court she had chosen to forgive Kardo – even though he insists he is innocent – so she can start to heal from his “depraved” crime.

On Wednesday, the court heard expert evidence from forensic psychologist Richard Balfour, who assessed Kardo and compiled a report.

He said the Canadian test, called the Static-99R, was based on “decades and decades” of studying offenders, and was normally used when a predator was set for release.

The Static 99R Test, designed by Canadian authorities and administered to Kardo. Picture: Supplied.

Kardo was remanded in custody after the guilty verdict. Picture: Nine News.

It had, he said, led to fewer “psychopathic sex offenders” earning parole by “crying crocodile tears” and deceiving authorities through “sham” expressions of remorse.

“There’s no such thing as ‘zero risk’, the lowest category is ‘tolerable hazard’ with a 2 per cent to 2.5 per cent risk of reoffending,” he said.

Mr Balfour said Kardo was “in denial” about his guilt, likely due to “cultural factors” including a fear of losing his standing in SA’s Kurdish community.

Under cross-examination, he conceded he had written “Middle Eastern men sometimes impulsively succumb to the temptation of forbidden fruit” in his report.

“I’m not implying that people from Middle Eastern cultures are a greater risk of sexual offender behaviour … I’m not saying he (Kardo) has a defence,” he said.

“He took advantage of a vulnerable woman and it’s a dreadful crime but, remember, I put together all the factors and I still think his level of risk is low and his prognosis is good.”

Judge Liesl Chapman will hear further submissions on Thursday.