NSW head prosecutor Mark Tedeschi QC issues blunt warning to colleagues to get tough on criminals

PETER Dutton has slammed judges who give paedophiles “good behaviour bonds” and let them back on the streets after more controversy surrounding the case of the Dubbo sex predator who was spared jail after complaining of his high cholesterol and sleep problems.

PETER DUTTON has slammed judges who give paedophiles “good behaviour bonds” and let them back on the streets after more controversy surrounding the case of the Dubbo sex predator who was spared jail after complaining of his high cholesterol and sleep problems.

Speaking to Ray Hadley this morning, the Immigration and Border Protection Minister said he backed calls from the state’s leading prosecutor Mark Tedeschi to stop doing soft-on-crime court deals with crooks.

“We want the judges to reflect community standards and community standards don’t include paedophiles getting good behaviour bonds and being put back out into the community to offend again,” he said.

Immigration and Border Protection Minister Peter Dutton wants an end to soft sentences for paedophiles. Picture: AAP

Mr Dutton also called for judges to publicly explain their decisions.

“Explain why the good behaviour bond was given and that way there might be some confidence or the public might say OK well we didn’t realise that, you got it right, or they might say actually I think that’s complete nonsense. And despite that, having heard all of the facts he still should have got five years or 10 years’ jail,” he said.

Mr Dutton’s comments echo the state’s leading prosecutor, who has urged lawyers to stop doing soft-on-crime court deals with crooks.

Mark Tedeschi QC, who has jailed some of the country’s most notorious thugs and murderers, has emailed all Crown prosecutors telling them to get tough after several cases resulted in paltry sentences and bizarre decisions that sparked public outrage.

And he has been backed by his boss, Director of Public Prosecutions Lloyd Babb SC, as they seek to ­restore community confidence in the state’s justice system.

Head Prosecutor Mark Tedeschi has put some of Australia’s worst criminals behind bars.

Director of the DPP Lloyd Babb SC has backed Mr Tedeschi’s terms. Picture: John Grainger

The move follows a series of embarrassments for the DPP, including widespread anger after a 55-year-old Dubbo paedophile avoided jail despite pleading guilty to raping and abusing two young girls. The man cannot even be named after the case’s prosecutor obtained a suppression order.

In two strongly worded emails, Mr Tedeschi, the Senior Crown Prosecutor, laid out what he expected of prosecutors in no ­uncertain terms.

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Among his warnings, he counselled against agreeing to facts that were contrary to the evidence and “inappropriately” agreeing to sentences without jail time.

“There have been recent ­examples of inappropriate concessions where the evidence did not warrant a concession being made,” he wrote on December 6. “Inappropriate concessions should not be made.”

Louise Gass, 45, has bravely identified herself after the Dubbo paedophile who pleaded guilty to sexually abusing her and one other girl over a seven-year period in Dubbo walked away with no jail time. Picture: Troy Snook

On December 8, Mr Tedeschi, who has prosecuted ­Australia’s highest-profile murderers, including infamous backpacker killer Ivan Milat, sent another email listing five examples of concessions, as he laid down the law to Crown prosecutors­.

Mr Tedeschi included reference to the barristers’ rules which state that a Crown prosecutor has a “discretion” to make ­“appropriate concessions and exercise forensic judgment” in the course of a trial and sentence.

However, he reinforced his urging of prosecutors to remain “robust” and to challenge as far as possible any defence lawyers’ claims.

Mr Tedeschi, president of the Australian Association of Crown Prosecutors, said they should not agree to facts submitted on sentence if they were contrary to the evidence — and prosecutors should push for jail time when appropriate.

He also listed a series of inappropriate concessions made by prosecutors­. Among them, he said, was “highlighting only mitigating factors (on sentence) while failing to assist the court by submitting on the aggravated factors or inappropriately submitting that a non-custodial sentence is appropriate”.

Attorney-General Mark Speakman has applauded the call to get tough on criminals. Picture: Toby Zerna

Mr Tedeschi also suggested prosecutors should consider cross-examining offenders on their affidavits tendered at sentencing. “In the event a Crown Prosecutor is uncertain whether or not a concession is appropriate, it is advisable to consult with the Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor or the Director’s chambers,” he wrote.

The call to get tough on criminals was applauded by NSW Attorney-General Mark Speakman. “Operational protocols of the Office of the Director of Public Prosecutions are a matter for the Director and his ­Office,” Mr Speakman said.

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“That said, I am pleased our prosecutors are being reminded to present their cases fully and firmly in order to represent the interests of the state and keep NSW safe.”

The Office of the Director of Public Prosecutions also backed Mr ­Tedeschi’s call. A spokeswoman for Mr Babb said: “The ODPP is a busy office, and ­undertakes lengthy and complex prosecutions. It is wholly appropriate that the Senior Crown Prosecutor remind the Crown Prosecutors of their obligation to prosecute rigorously.”

The men responsible for Lynette Daley’s death were finally prosecuted in court and sentenced last week.

Mr Babb recently came under fire for repeatedly ­refusing to charge Adrian Attwater and Paul Maris over the shocking 2011 sexual assault and death of young mother Lynette Daley on the state’s north coast.

It was not until The Daily Telegraph revealed the injustice that an external review led to charges that brought the men to justice.

Unhinged: Terrorist Man Haron Monis was on bail at the time of the Lindt cafe siege over the killing of his wife. Picture: Dean Lewins

The DPP ­issued an apology after the men were sentenced last week.

The DPP was also criticised at a coronial inquiry for the ­“inadequate and wrong” handling of bail at an earlier court hearing involving the Lindt Cafe siege terrorist Man Monis.