Attorney-General Mark Speakman could do nothing about court orders for serial rapist Graham Kay

ATTORNEY-General Mark Speakman says he has “nothing to apologise for” as a serial rapist is in jail again after allegedly breaching supervision orders by spending the night with a prostitute.

ATTORNEY-General Mark Speakman says he has “nothing to apologise for” after one of Sydney’s worst serial rapists was back behind bars last night for breaching his supervision order by having a relationship with a prostitute.

It comes as The Daily Telegraph can now reveal two separate psychiatrists argued that Graham Kay — dubbed the North Shore Rapist over a string of violent sex attacks in the ’90s — would offend again if let out in the community.

“His psychiatric disorders are chronic and likely to persist,” Andrew Ellis wrote in a report for the Supreme Court in January 2017, when the state applied for an extended supervision order.

Convicted rapist Graham Kay is back behind bars. Picture: Julian Andrews

Attorney-General Mark Speakman. Picture: AAP

A month later, another psychiatrist Anthony Samuels told the court: “Mr Kay would fall into a group of persons with a risk for serious offending that is statistically moderate to high of committing further serious sexual offence”.

In March last year the court ordered that Kay be subject to an extended supervision order for three years.

Kay was back behind bars last night after a late-night raid on April 7 revealed the 66-year-old was allegedly in an undisclosed relationship with a prostitute in violation of strict court-ordered conditions of freedom.

The raid that police allege exposed the relationship came 10 days before Kay, who stalked and raped eight women between 1995 and 1997, allegedly attacked a 16-year old girl in a Western Sydney supermarket on Tuesday.

Both incidents happened only a month after Kay’s electronic monitoring tags were taken off.

The tags were removed despite the pleas of his victims, who are now demanding Mr Speakman apologise.

Juanita, one of Kay’s victims when he prowled the north shore, said Mr Speakman should have fought to keep her attacker electronically monitored or in jail.

“The current system clearly doesn’t work and needs changing,” she said.

A Police mug shot of serial rapist Graham Kay.

Kay in handcuffs outside NSW Supreme Court in 1999.

But Mr Speakman told The Daily Telegraph that the blame was with the courts for not agreeing to the government’s demands that Kay ­receive three years of electronic monitoring.

“I don’t have anything to apologise for,” Mr Speakman told The Daily Telegraph.

“I have enormous sympathy for their distress but there is no inaction on my part to apologise for because there was nothing I could do.

“If you want politicians telling judges what to do, then run a country like North Korea or Zimbabwe.

“We applied to the court to have electronic monitoring for three years ... the court only gave us one year.”

Kay was granted bail despite the alleged attack on the teenager, but arrested on Saturday after allegedly not disclosing to correctional officers an intimate relationship with a prostitute.

Kay is subject to numerous conditions under a three-year Extended Supervision Order following the end of his 18-year jail term for raping eight women, some at knifepoint.

One condition is that he must notify staff of any intimate relationship. Corrections staff two weeks ago called in State Crime Command’s Sex Crimes Squad to investigate the alleged relationship with the prostitute and whether Kay had breached the order.

The breaches allegedly included failing to disclose an intimate relationship, allowing a person to stay at his residence without prior approval and failing to truthfully answer questions from his department supervising officer.

But last week, as that investigation continued, Kay allegedly struck again. He is accused of grabbing a teenager by the waist and kissing her on the cheek at a Rosehill Woolworths.

Police arrested Kay in Parramatta the following day, charged him with common assault and stalk/intimidate, before he was again released on conditional bail.

He did not apply for bail in Parramatta Local Court on Sunday but is expected to attempt a release application when his matters go back to court on Tuesday.

Victims of crime advocate Howard Brown said he struggled to see why Kay was not arrested at the time of the alleged April 7 breach, days before he allegedly assaulted the teenager. “Why Community Corrections didn’t issue a warrant for a breach, I just don’t know,” Mr Brown said. “If you’re a community corrections officer you have to get it right 100 per cent of the time.”

He was also troubled by the police decision to grant Kay conditional bail after charging him over the alleged supermarket assault.

“Why he was granted police bail has me absolutely flummoxed,” Mr Brown said.