Ex-ALP adviser Benjamin John Waters blames co-accused for child abuse offending
Months after confessing to child abuse crimes, this former senior adviser to a Labor MP now claims he’s not a pedophile and only offended under “duress”.
Police & Courts
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An ex-Labor adviser who pleaded guilty to child abuse charges now claims he offended “under duress” from a co-accused – and says he has no sexual interest in children.
Benjamin John Waters’ bid to blame another alleged abuser, with whom he was in a relationship, for his crimes has been dubbed “inherently incredible” by prosecutors.
It has also derailed his District Court case, with prosecutors on Thursday forced to seek an adjournment so they can collate evidence to refute Water’s claims.
Jeff Powell, for the Commonwealth Director of Public Prosecutions, said Waters’ claims – made in psychological reports – were implausible.
“Waters claims he received a USB containing child abuse material from (another accused) under some duress and kept it for reasons to do with that former partner,” he said.
“That’s allied with his other fundamental claim that he had no sexual interest in, or sexual attraction with respect to, the material or in respect of children.
“It’s an inherently incredible claim that there was no sexual interest in children.”
Waters, 38, of Adelaide, was arrested in March alongside senior correctional services officer Stewart Iain Berry – both were charged with child abuse offending.
The charges arose from investigations into Australia’s worst-ever child sex predator, Jadd William Brooker, and an alleged pedophile ring operating out of SA.
Berry has yet to enter pleas, while Brooker has so far confessed to 189 offences.
At the time of his arrest, Waters was the senior political adviser to Labor MP Nat Cook and was subsequently fired.
He pleaded guilty to accessing and transmitting child abuse material, and to possessing child exploitation material.
Waters used the encrypted Telegram app – favoured by terrorist organisations and far-right extremists for communication – to swap abuse material with other perverts.
Some of that abuse material depicted children under the age of 14 years.
In September, Waters’ counsel flagged their intention to seek a home detention sentence for their client.
On Thursday, Mr Powell noted Waters had been receiving psychological help for “some two years before” his arrest, but argued that was not definitively linked to his offending.
He asked for a hearing at which the psychologists, and possibly Waters himself, could be cross-examined, and Judge Ian Press agreed.
“At some point, Waters is going to have to make a decision as to whether he gives evidence,” he said.
“If he determines not to, there will be aspects of the psychological reports which will fall into the category of having no weight (in determining sentence).”
He remanded Waters on continuing bail until next month.