Convicted paedophile Neil Duncan bailed by judge for cancer surgery

Convicted paedophile Neil Duncan has walked out of court on bail yet again to after a judge said it would be “judicial death” if she rushed his sentencing.

Neil Duncan, the ponyclub predator, leaves Downing Centre court in Sydney today. Picture: Sam Ruttyn

Pony club paedophile Neil Duncan has walked out of court on bail again after a judge accepted he needed to have his cancerous prostate removed before he can be sentenced.

Judge Robyn Tupman said it would he “judicial death” to rush the sentencing and that “nobody in their right mind” would bring down public attention on themselves in the light of the media interest in Duncan’s case.

There was public outrage when Duncan, 67, was released on bail by Judge Tupman after being convicted by a jury on June 2 in Queanbeyan District Court of eight counts of sexually touching three girls aged between 10 and 16 in 2018 and 2020.

The offences happened at a camp site in Kosciuszko National Park and at his home in Bega.

His bail was continued by the Supreme Court last month despite the government’s supposedly-tough new bail laws designed to have convicted serious offenders like Duncan locked up with bail refused pending a likely jail sentence.

Neil Duncan (left), the convicted ponyclub predator, leaves Downing Centre in Sydney on Friday after his sentence was adjourned. Picture: Sam Ruttyn

The detention application made by the prosecution at that time under the new laws was rejected when they agreed that Duncan’s cancer diagnosis came under special and exceptional circumstances to have his bail continued.

On Friday the prosecution lost their fresh argument that he could be treated behind bars by Justice Health as they argued his sentencing should go ahead.

Duncan was bailed to seek cancer treatment. Picture: NCA NewsWire / Jeremy Piper

Duncan, who has moved from Bega to his horse stud outside Tamworth, had his sentence adjourned until after he can have surgery on September 22 to have his prostate removed.

Crown prosecutor Corrie Goodhand urged the judge to begin the sentencing process, which would have to be adjourned after one day’s hearing anyway leaving him free to have his surgery.

Ms Goodhand said the court should take into account the anxiety of Duncan’s victims who wanted some form of closure.

But Judge Tupman demanded evidence that Justice Health and Corrective Services would make sure he attended the private Macquarie University Hospital on September 22 for his scheduled surgery.

Convicted paedophile Neil Duncan will be free on bail to have cancer surgery before he is sentenced in October. Picture: Sam Ruttyn

There was no evidence forthcoming.

Duncan’s counsel, Richard Pontello SC, said it was in the interests of justice that the sentencing should be adjourned.

He said his client expected to be sentenced to a jail term but that he would answer to the District Court but not to any opinion poll, talkback radio program or a kangaroo court made up of the media.

He was referring to the successful campaign by The Daily Telegraph with support from 2GB’s Ray Hadley to change the bail laws.

Judge Tupman said that in light of what had happened after his conviction, she had tried to sentence him earlier but the defence and the prosecution were not available on the same day until Friday.

She said that if he was jailed, his surgery would be delayed.

“On balance it seems to be in the interests of justice that the offender be able to undergo cancer surgery as soon as possible,” the judge said.

The prosecution did not ask for Duncan’s bail to be revoked and the sentencing was adjourned to October 24.

One of the other two convicted paedophiles whose release prompted the laws, Robert Van Gestel, had his bail revoked this week and another has been sentenced.