Paedophile remains on bail as Supreme Court judge spends weekend mulling locking him up

One of the state’s most powerful judges is considering revoking the bail of a paedophile convicted of raping his 11-year-old niece — but there will be no decision until after the weekend.

The Director of Public Prosecutors wants a man found guilty of raping his 11-year-old niece locked away until his sentencing.

A man convicted of raping his 11-year-old niece will remain on bail as the most powerful court in NSW considers overturning what prosecutors say is an “extraordinary” delay before his “inevitable” prison sentence.

The man, who cannot be legally identified, was found guilty of raping his niece after a trial in March.

AP, as the man is known, was bailed by NSW District Court Judge Chris Hoy despite being convicted of four charges, including having sex with the girl.

The child is now 17 years old and has become estranged from her family since her father decided to take the side of his brother — the convicted paedophile.

AP was bailed following his conviction and it was continued again by the District Court in May, but bail laws changed in June, prompting the Director of Public Prosecutors to ask NSW Supreme Court Justice Geoffrey Bellew to lock AP away until his sentence.

Justice Geoffrey Bellew will decide AP’s fate on Monday.

“He should not have been granted bail in the first place (in March) … And he certainly shouldn’t have had it continued at the end of his sentence hearing (in May),” The Crown Prosecutor said on Friday.

The Prosecutor asked the court to lock AP away for the rest of the month, until his sentence on July 29.

“There’s already been an extraordinary delay with his man going into custody. A full-time custodial sentence in this matter, we say, is inevitable,” the prosecutor said.

AP was allowed to remain on bail for such an extended period, the court heard, because Judge Hoy had to take medical leave.

AP’s barrister, Stephen Lawrence, said it was indeed likely AP would go to prison, but could not put it stronger than that.

Further, he said, AP should remain on bail because he’d been of good behaviour and had plans in place to support his family after his sentencing at the end of July.

“He’s been granted bail twice. He’s involved in the (family) business he plans to continue throughout July for money that will support the family,” Mr Lawrence told the court.

“The only thing changed is the amendment to the law.”

AP’s case became an urgent issue for the NSW Attorney-General Mark Speakman after The Daily Telegraph reported multiple paedophiles were being given bail before being sentenced.

“Following my request to the NSW Director of Public Prosecutions to review the bail decision, I have received advice from an Acting Deputy Director of Public Prosecutions that a Detention Application will be made in respect of this offender,” Mr Speakman said in a statement last month.

Justice Bellew will decide AP’s fate on Monday.

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