Decision to grant paedophile bookkeeper Robert Van Gestel bail to be reviewed

A second paedophile convicted of child sex offences has been released on bail, prompting the NSW Attorney-General to review the decision “ASAP”.

The Attorney-General said he “understands community concerns” over the release on bail of a second paedophile despite being convicted of eight historic child sex offences.

Book keeper Robert Van Gestel, 78, was last week granted bail in the NSW District Court by acting Judge Megan Latham, the former ICAC commissioner.

Van Gestel, who was extradited from Melbourne to face the recent trial, is a life member of the Forest Killarney Football Club on Sydney’s Northern Beaches which said on Monday it was now reviewing his membership.

His release on conditional bail pending his sentence in October follows the controversial release on bail of convicted Bega paedophile Neil Duncan by Judge Robyn Tupman pending his sentence in August, as revealed by The Daily Telegraph last week.

Attorney-General Mark Speakman, who had already ordered the transcript of the decision to grant bail to Duncan said on Monday he had ordered the bail transcript in Van Gestel’s case.

Robert Van Gestel, now 78, pictured leaving Manly Court on February 26 2020. Picture: AAP Image/ Julian Andrews

“I understand community concerns about this matter,” Mr Speakman said.

“I have ordered the bail transcript and will review it as soon as possible.”

Victims’ advocate Howard Brown said bail should only be granted in exceptional circumstances such as a defendant having a dependent child which needs medical care arranged before they are jailed.

Under the Bail Act, judges are required to look at the strength of the prosecution case and the likelihood of a jail term but once they have been convicted of serious child sex offences, then the reality should be a jail term, Mr Brown said.

Van Gestel has been convicted of five counts of committing an act of indecency and assaulting a female under the age of 16, two counts of sexual assault and committing an act of indecency with a female aged under 16 and aggravated sexual assault of a victim under the age of 16 in the 1970s.

One of the girls was aged between six and eight. Another victim came forward to police after she saw photographs of his first court appearance at Manly in 2020.

Attorney General Mark Speakman says he understands community concerns after a second convicted paedophile was released on bail. Picture: NCA Newswire/Gaye Gerard

Duncan was convicted of eight count of sexually touching girls aged between 10 and 16 in the District Court at Queanbeyan. He was allowed bail on condition he move to Tamworth where he is reporting to police once a week, bail documents reveal.

“Because the convictions were recorded in Queanbeyan, a lot of people in Bega did not know about them, so the question is how many people in Tamworth know a convicted paedophile is in their community?” Mr Brown said.

One victim of sustained historical sex assaults, Rob Anderson, said this was a very important issue as he described the moment his attacker, former Trinity Grammar teacher Neil Futcher, was refused bail and locked up following his convictions.

“A powerful moment for me as a survivor was the moment he was not only convicted but also led away by prison officers to the cells having watched him walk in and out of the court during the trial,” Mr Anderson, 58, said.

Van Gestel has been convicted of eight historic child sex offences, and will be sentenced in October. Picture: AAP Image/ Julian Andrews

“The victims of these two men must be devastated and let down to watch them walk free from the court until they are sentenced.”
Futcher was later jailed for a maximum of 18 years for sexually assaulting six boys.

Forest Killarney FC president Giuseppe Guerrera, said they would be reviewing Van Gestel’s life membership.

“We can confirm that Robert Van Gestel was a committee member,” he said.

“Robert has not had any active involvement with the club for over 25 years. We have no knowledge of his whereabouts.”