Randolph Harrison Convery quietly released from custody after escape charge withdrawn

A prisoner who was arrested sipping on cocktails eight days after being mistakenly released five months early has enjoyed another early release date, although police are still not commenting on why they dropped an escape charge.

Randolph Convery was arrested while sipping on cocktails at Shoal Bay Country Club. (Picture: Supplied)

The accidental fugitive who was found sipping cocktails at a Port Stephens resort eight days after he was mistakenly released from custody is now enjoying full time freedom after police quietly dropped allegations he was responsible for his own escape.

And Randolph “Randy” Convery was even able to secure his early liberty for a second time – and this time lawfully – when an appeal against the severity of his sentence for domestic violence-related offences was reduced in Newcastle District Court.

Convery made national headlines last August after The Daily Telegraph revealed he had walked out of Newcastle courthouse in his prison greens despite telling authorities they were making a mistake by allowing him to leave.

The 49-year-old had just been convicted of three counts of assault occasioning actual bodily harm and one count of being armed with intent to commit an indictable offence following a hearing on August 16.

With time already served since his arrest counted as part of his sentence, Convery was supposed to be looking forward to January 30 this year as his first possible release date.

The Northern Region domestic violence team tracked Convery down to Shoal Bay Country Club eight days after he was accidentally released from custody.

But a mistake by someone inside the Department of Communities and Justice – believed to be entering the wrong date of release which automatically triggered authorities to release him – meant Convery was sent on his way five months early.

The error was discovered several hours later and a phone call was made to Convery’s mother Audrey.

Convery was released from Newcastle Courthouse despite his protestations that the paperwork was wrong.

But her son had already arrived, showered and left, telling his family he was off to enjoy himself.

Police were forced to release a cryptic message on several of the force’s social media pages asking for the public’s assistance in finding Convery, though they only stated he was last seen on the city’s Hunter St and was wearing green pants and a green shirt.

There was no mention he walked free from the courthouse, which opens onto Hunter St, or that the green clothes he was wearing were prison garb.

Convery remained free for eight days before Northern Region domestic violence team officers tracked him down to Shoal Bay Country Club, where he was seen sipping on tequila cocktails before being taken back into custody.

Randolph Harrison Convery. Picture: NSW Police.

He was charged with escaping or attempting to escape lawful custody, a charge that was criticised by his solicitor and questioned by a magistrate when he briefly faced Raymond Terrace Local Court the day after his rearrest.

Solicitor John Findley, for Convery, told the court that his client had received a “release certificate” from authorities before his release on August 16.

“Based on that we don’t believe he has committed any attempt at escape at all,” Mr Findley said at the court appearance in August.

Magistrate Justin Peach told the court there was “clearly an error” which prompted Convery’s release and that Convery’s defence team could make representations to prosecutors about the escape charge before Convery‘s next appearance.

The matter was adjourned to Newcastle in October before it was quietly relisted for September where the escape charge was withdrawn by prosecutors and formally dismissed.

NSW Police have refused to answer questions about why the charge was relisted and why it was withdrawn, deflecting questions to the courts.

A month later after the charge was quietly dropped, Convery faced Newcastle District Court to appeal the 16-month maximum and 12-monht non parole sentence on the domestic violence charges.

Judge Sarah Huggett partially allowed the appeal and decreased the non-parole period from a year to 10 months.

It meant Convery was released from custody on November 30 – some 106 days after he was accidentally released.