David Walker spared jail for possessing child abuse material but placed on bond to protect community

A convicted child sex offender trying to control “temptations” would have been given a much stronger sentence – had police examined his computer sooner.

A convicted child predator grappling to get his “temptations” under control has been allowed to live in the Port Augusta community without being subject to special supervision to protect the community.

David Walker, 69, was jailed in 2018 for abusing a 12-year-old boy. It emerged during sentencing that Walker had been volunteering with children both before and after his trial.

His exposure to vulnerable children came to an end only when he was arrested and charged with five counts of breaching bail.

At the time a leading child advocate said “why on earth would you trust a sex offender?”.

Walker is back before the court for possessing child exploitation material – but on Monday District Court Judge Paul Muscat heard the offences predated Walker’s 2018 jailing.

Walker had been on bail for indecent assault offences when police raided his home on July 28, 2017.

However, it was not until August 5, 2020 the computers were forensically examined and July 22, 2021 when Walker was interviewed by police.

Sex offender David Walker outside the Adelaide District Court. Picture: Mitch Mott

Judge Muscat expressed dissatisfaction the charges had been laid four years after the electronic devices had been seized at a time when Walker had already been released from custody.

He said if the child exploitation charges had come before the court in 2018 Walker would have been a repeat serious offender under the law, which would have led to a more severe sentence.

“It is most unfair and unjust that he has to go into prison when these matters should have been dealt with four years ago,” he said.

“Police took too long getting around to the computer despite him making admissions as to what he was doing.”

Judge Muscat said Walker had admitted to a doctor having the child exploitation material – but police had still not acted.

He also said he was “troubled” Walker, who also had convictions for abusing two boys in 1981, was living in the community with limited supervision.

Though his bail conditions prohibited him from being around children, Judge Muscat said more needed to be put in place.

“He is subject to similar bail conditions, but those will lapse on sentence, I am concerned about his behaviour going into the future,” Judge Muscat said.

“There is nothing to protect the community and more importantly children from him because police for reasons unknown haven't (placed him under special supervision) despite his history of offending towards children.”

Judge Muscat sentenced Walker to 18 months in prison, but because of the delays suspended the sentence.

A condition of the suspension was Walker would be placed on a bond preventing him from being around children.