Paedophile Benjamin John Waters sentenced to eight months home detention because of ‘harrowing’ time in jail after arrest

An ex-ALP staffer who pleaded guilty to child abuse offences has been sentenced to eight months home detention – because a judge says he had a “harrowing” time in jail.

Fallen political adviser Benjamin John Waters pleaded guilty to child abuse offences – but those confessions also triggered a litany of excuses.

The former SA Labor staffer tried to blame his crimes on a co-offender, a computer glitch and even autism to deny a sexual interest in children and secure a lenient sentence.

Not even his own chat logs, in which he called himself a “proud pedo babe” and encouraged the abuse of a child “before he’s too old and can talk”, shook his stance.

On Friday, the District Court rejected the excuses Waters – who even viewed abuse material while at work – gave for his crimes.

However, Judge Ian Press ruled some of those factors, particularly Waters’ fragile emotional state and his “harrowing” three-month prison stint after his arrest, warranted a merciful punishment.

“That I am satisfied you are not willing to face up to all the motives for your offending is a matter which has caused me significant concern,” he said.

“But there are positive signs for your rehabilitation … of most significance is that you spent three months in prison.

“That you know what awaits if you return to any offending is, I consider, the most significant consideration in your favour.”

Waters was an adviser for Labor MP Nat Cook at the time of his arrest. Picture: Facebook.

Waters, 39, of Adelaide, faced a maximum 15-year prison term for accessing, transmitting and possessing child abuse material.

He is the latest member of the online syndicate run by Australia’s worst-ever child abuse offender, HIV-positive paedophile Jadd William Brooker, to be sentenced.

In sentencing on Friday, Judge Press said much of the case had revolved around whether Waters had a sexual interest in children.

He rejected, beyond reasonable doubt, all of Waters’ explanations, saying it was clear he had a sexual interest in children.

He said he rejected Waters’ claims that his offences came from “a compulsion to understand why some people were sexually interested in children”.

He accepted Waters was “socially isolated, neuro-atypical, and drinking alcohol excessively” while offending, and those factors contributed to his crimes.

“However I have no doubt he knew his actions were wrong,” he said.

“I’m satisfied beyond reasonable doubt that he was prepared to use children for the purpose of driving and maintaining relationships with (other syndicate members).

“I am satisfied that he derived some sexual gratification from discussing such topics with (them).

“I am also satisfied beyond reasonable doubt that he did have sexual interest in child exploitation material.”

Benjamin John Waters leaves the Adelaide Magistrates Court during an earlier appearance. Picture: NCA NewsWire / Kelly Barnes

Waters had, he said, been given some of the exploitation material by another member of the syndicate, with whom he had previously been in a romantic relationship.

“You say he has continued to attempt to exert control over you to some degree since that time, and that you have been fearful of him in the past,” he said.

Those 30 files were viewed, by Waters, on five occasions – Judge Press said that was “clearly” for sexual gratification.

His other offences involved online communications with a second member of the syndicate with whom he was pursuing a romantic relationship.

“You were willing and prepared to pander to (his) desires by transmitting material to him to deal with your loneliness and insecurity – and because you enjoyed those communications,” he said.

Judge Press said the offending occurred during a period in which Waters was drinking to excess, experiencing blackouts and dealing with the effects of two “mental health breakdowns” triggered by his work in politics.

Waters “did not enjoy” his time in politics, Judge Press said. Picture: Facebook.

“You did not enjoy your work because it required you to meet and liaise with many different people, and this contact stretched the limits of your social capacity,” he said.

He said those mental health issues likely also contributed to Waters attempting to take his own life on two occasions following his arrest.

Sentencing Waters was, he said, a difficult exercise given the many competing factors – including his demonstrated “commitment” to rehabilitation, therapy and sobriety while on home detention bail.

“Whilst I consider there’s strong evidence you now understand the seriousness of your offending, I do not consider you have been completely honest – certainly not with yourself,” he said.

Judge Press imposed a three-month prison term for the transmission offences, suspended on condition of a two-year, $100 good-behaviour bond.

For the possession offences, he imposed a 15-month and 15-day home detention sentence, with an eight-month non-parole period.

He ordered Waters continue his therapy and treatment and, if unemployed, perform 15 hours of community service each week for five months.

The Advertiser sought comment from MP Nat Cook, for whom Waters worked during his time in the SA Labor Party, but has yet to receive a response.

Attorney-General Kyam Maher expressed disappointment with the sentence.

“The vile monsters who prey on children should spend as much time in jail as possible,” he said.

“This matter was prosecuted by the Commonwealth Director of Public Prosecutions.

“I’ve asked the South Australian Director of Public Prosecutions to liaise with his Commonwealth counterpart about the prospects of an appeal against this sentence.”