Linear Park rapist Aiden Driver could be released within days, unless a judge can be convinced he’s an uncontrollable predator
He destroyed the lives of three women but escaped indefinite jail because of his “extreme shyness”. Now this rapist could be back on the streets within days unless a last-ditch legal bid succeeds.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
- Unmasked: Court lifts secrecy on Linear Park rapist
- How to make the most out of your Advertiser digital subscription
The notorious Linear Park rapist who attacked three women could be freed from jail in just 19 days – despite warnings he remains an uncontrollable predator.
Aiden Harvey Driver – who, a judge said, used “fear and intimidation” to “enforce his will” on his victims – will be eligible for release on parole from Monday, July 6.
Attorney-General Vickie Chapman has asked the Supreme Court to declare Driver a high-risk offender, meaning his prison term would continue indefinitely.
That bid faces an uphill battle, however, as the court has previously refused to make that declaration due to Driver’s “extreme shyness” and “significant communication problems”.
Driver, 29, pleaded guilty to two counts of aggravated serious criminal trespass, two of indecent assault, one of assault causing harm and three counts of rape.
In May 2009, he broke into a woman’s West Hindmarsh home, placed his forearm over her throat to restrict her breathing and raped her three times before fleeing.
In July 2009, he indecently assaulted a woman as she walked her dogs at Linear Park, Felixstow.
Hours later, he indecently assaulted a second woman who was jogging at Vale Park.
That woman managed to fight her way free of Driver as he tried to remove her clothes and drag her into the bushes.
Driver was arrested based on eyewitness testimony and a DNA match, but his identity was kept secret by court order until May 2011.
He was originally jailed for 16 years, with a 10-year non-parole period, but that was reduced to 5 ½ years on appeal.
The court declined to detain him indefinitely despite two psychologists giving evidence Driver was capable of, but unwilling to, control his sexual instincts.
It pointed instead to his hearing problems and early years in a community 200km north of Alice Springs, which left him shy and burdened with communication problems.
Should Ms Chapman’s bid succeed, Driver’s fate will be determined by sentencing provisions introduced following a campaign by The Advertiser and victims’ rights groups.
Under those provisions, introduced in 2018, Driver cannot be released until two mental health experts agree he is both willing and capable of controlling his sexual instincts.
On Wednesday, Karim Soetratma, for the Attorney-General’s Department, said Driver’s non-parole period would expire on July 6.
Two expert reports have been provided to the court, but Driver’s counsel said she had only recently obtained a report from the defence’s preferred expert, and asked for time to consider its contents.
Justice Mark Livesey agreed, remanding Driver in custody to face court again on July 1.
In a statement, a spokeswoman for Ms Chapman said the government “will always put the safety of the community first” when it comes to indefinite detention applications.