Convicted paedophile Timothy James Stewart faces hearing for allegedly breaching AVO

Timothy James Stewart groomed and abused a teen for several years while drugging her mother. Today, he fronted court over allegations he breached an AVO and contacted the victims. Read what happened.

A convicted paedophile has faced court over an allegation he sent a letter to the family of his victims from jail breaching a non-contact order.

Timothy James Stewart was charged with contravening a prohibition or restriction in apprehended domestic violence order (AVO), but he pleaded not guilty.

He fronted Campbelltown Local Court on Thursday via video link for a hearing over the charge. The 51-year-old is serving time behind bars after he abused a young girl when she was aged between 12 and 15.

The Court was told that the letter, sent by Stewart from his south coast jail to his brother who then forwarded it on, was received by the victim’s mother in March 2021 after an application had been submitted to extend the AVO.

In the letter, he wrote that the victim “has provided no evidence that she suffered psychologically”.

“The fears of (the mother) and (her daughter) are not warranted and to enforce the current order would be an abuse of process,” he wrote, as reported by Seven News.

Timothy James Stewart.

In court on Thursday, the police prosecutor said that as an application to extend the order was in process, the non-contact condition remained in place and Stewart would have known.

However, Stewart’s solicitor said while it was conceded that he had sent the letter from prison, there was nothing to show he “would have definitely known” non-contact order was in place while proceedings to extend it remained underway.

“It is the case the evidence shows the document left the jail and was directed to Mr Stewart’s brother … and Mr Stewart’s brother was the one who addressed the letter to the complainant,” she said.

“It is not certain that Mr Stewart was advised the order continued … the document seems to be in response to an AVO application.

“There is a reasonable doubt that Mr Stewart knowingly breached the non-contact AVO at the time.”

Timothy James Stewart was jailed for 32 years over sick sex acts.

Magistrate Les Mabbutt said the original AVO was made in 2015, and in 2020 an application was made to extend it. He said Mr Stewart appeared at court and represented himself via video link at the time.

According to a court document that was submitted during the hearing, Stewart was told to file any evidence in regards to the application by March 24.

Magistrate Mabbutt said the letter Stewart sent to his brother acts as material as to why the order should not be extended for life the form of a statement.

He said either Stewart was “playing the system” or believed he was following the court processes. Magistrate Mabbutt said there was some “doubt” and therefore the charge was dismissed.

The case to extend the AVO for life is still ongoing and will be laid out at a hearing on April 17, 2023.

While discussing the hearing date, Stewart’s solicitor revealed the case that he was convicted on is with the Court of Criminal Appeal.

She said the application had been heard, and there was some indication that Stewart “may have some success”.

SENTENCED TO DECADES IN PRISON

Stewart was handed one of the longest sentences imposed for sex offences in Australia for 125 individual charges spanning five years against the girl aged between 12 to 16, two counts of sexually assaulting her sister and four counts of drugging their mum.

During the sentencing in 2017, Judge Paul Conlon said the 45-year-old’s actions were “simply incomprehensible”.

Stewart had represented himself at trial and insisted he and the girl had “acted like husband and wife”.

Timothy James Stewart.

But Judge Conlon said his grooming of the girl was “total, complete and overwhelming”.

“This vile and indecent obsession with (the girl) … involved an abhorrent breach of trust,” he said at the time.

The court heard that Stewart filmed the abuse for his own sexual gratification and a dozen SD memory cards documenting his actions were found hidden inside the lining of a jacket.

He was given an aggregate maximum term of 32 years with a non-parole term of 24 years and is eligible for parole in early 2038.