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Luke Foley calls for appeal over sentence of Dubbo paedophile

NSW OPPOSITION leader Luke Foley called on the NSW Attorney-General to launch an appeal against the “manifestly inadequate” sentence handed down to a convicted child sex offender from Dubbo.

One of the victims of TM who the court has ordered cannot be identified. Picture: Troy Snook
One of the victims of TM who the court has ordered cannot be identified. Picture: Troy Snook

NSW OPPOSITION leader Luke Foley called on the NSW Attorney-General to launch an appeal against the “manifestly inadequate” sentence handed down to a convicted child sex offender from Dubbo, after the case was exposed by The Daily Telegraph.

Suppression orders prevent the naming of the 55-year-old convicted paedophile, who was given a suspended sentence after being convicted of 10 offences of child sex abuse dating back to the 1980s. The man can be known only as TM.

The man can’t be identified because of a suppression order.
The man can’t be identified because of a suppression order.

The man, who raped and abused young girls at his church, avoided jail as a judge granted him leniency for a series of bizarre reasons — including his high cholesterol, how the case had caused him trouble sleeping and that his farm had once gone through drought.

“What I’m seeing here is the rights of the criminal, his insomnia or his high cholesterol is put before the rights of victims,” Mr Foley said. “The sentence is woefully out of line with community expectations.”

“If you rape children you belong in prison.

“I don’t care if this bloke suffered high cholesterol or suffered drought on his farm, he belongs in prison.”

Attorney-General Mark Speakman said the Director of Public Prosecutions is investigating an appeal into the case and will also attempt to lift a non-publication order on the predator’s name.

One of the Dubbo victims.
One of the Dubbo victims.

But Mr Foley called on him to use his powers to immediately order an appeal.

“I’m demanding the Attorney-General today commit to launching an appeal,” Mr Foley said. “And that suppression order needs to be lifted.

“This is a very rarely used power for an Attorney-General to launch an appeal off his or her bat, but what I say is exceptional circumstances demand exceptional action.

“This would be a rare use of the power, but I can’t think of a greater argument for the use of that power than this case here when someone convicted of ten offences against children of a sexual nature gets a suspended sentence and gets to walk scot-free.”

Two victims of the man said they wanted the suppression orders lifted so they can reveal full details of their cases.

The man has been accused of abusing more kids — as new details emerge that he paid at least one victim $5000 to keep her silent.

The Daily Telegraph can reveal that the victims believe TM has abused other girls who are yet to report him to police.

Luke Foley called the sentence “manifestly inadequate”. Picture: Richard Dobson
Luke Foley called the sentence “manifestly inadequate”. Picture: Richard Dobson

One victim, who cannot be named, said she was aware of at least two other women who claim they were abused.

“It followed the same pattern — he starting abusing them when they were 10 and then raped them when they were 13,” she said.

Court documents obtained exclusively by The Daily Telegraph show TM paid one victim $5000 of hush money in 2002.

He met her in a park, where she gave him a statuary declaration stating she had received the money and would not take further action.

She was one of the two victims who provided evidence against him.

Original URL: https://www.dailytelegraph.com.au/news/nsw/luke-foley-calls-for-appeal-over-sentence-of-dubbo-paedophile/news-story/375202b8a35532d9903826539c4433d3