Tough new bail laws to be rushed through parliament in response to paedophile exposé

New bail laws which would keep convicted paedophiles behind bars are on the fast track to pass parliament in days, giving victims “peace of mind”.

The government’s tough new law bail laws to block convicted paedophiles and sex offenders from getting bail pending their sentences are being rushed through parliament this week after the loophole was revealed by The Daily Telegraph.

A victim of one of the three convicted paedophiles who have been controversially released on bail by three separate District Court judges has spoken of her relief.

The woman, who was assaulted by disgraced northern beaches soccer coach Robert Van Gestal, 78, said the changes would give victims “peace of mind” to know their abusers were locked up.

Attorney-General Mark Speakman said the amendments to the Bail Act were a national first.

He said the government would seek to pass through parliament this week a new requirement that judges must refuse bail after a conviction or a guilty plea prior to sentencing where the offender will be jailed, unless special or exceptional circumstances can be established.

The Daily Telegraph has exposed loopholes letting paedophiles out on bail.

The ‘bail fail’ campaign has spurred the NSW government to action.

The move follows community outrage that Van Gestal, pony club paedophile Neil Duncan, 67, and an uncle who raped his 11-year-old niece have all been granted bail pending being sentenced despite being convicted.

The District Court tried to prevent The Daily Telegraph from reporting the case of the 11-year-old girl, stating the whole case was suppressed, until retracting that statement on Monday.

“Bail exists to keep victims and our community safe before and during a trial, and to protect every person’s right to the presumption of innocence and the general right to be at liberty until they can have their day in court and their matter determined,” Mr Speakman said on Monday.

“Getting our bail laws right is a delicate balancing exercise.

“Where there are opportunities for improvement, the NSW Government is committed to acting swiftly and decisively, to protect our community and support our frontline services in keeping our community safe, as we are doing this week.”

The other reforms include requiring minimum standards for electronic monitoring as a bail condition after accused drug dealer Mostafa Baluch allegedly cut off his ankle bracelet and was caught in the back of a truck trying to cross the Queensland border.

NSW Attorney-General Mark Speakman has vowed to take stronger action on bail laws. Picture: NCA NewsWire / Jeremy Piper

Mr Speakman said minimum standards would reflect Corrective Services NSW requirements to ensure robust and consistent standards.

“This will signal a clear expectation to providers, the courts and the community about the quality of electronic monitoring and service delivery the parliament expects if electronic monitoring is imposed as a bail condition, and contribute to improved public confidence in electronic monitoring conditions by supporting improved accountability, transparency and consistency in the quality of services,” he said.

The new bill was introduced into parliament on Tuesday and is expected to pass through both houses this week.

After intervention by the Attorney-General, prosecutors will be making a special detention application in the Supreme Court on July 14 to have Van Gestal’s bail revoked pending his sentence on October 21 on nine historical sex changes dating back to the 1970s.

It is understood one of the reasons for the delay in sentencing is because his trial judge Megan Latham is away for the month of September.

A similar detention application will be made for Duncan on July 11 to have his bail revoked pending his sentence on August 5 after being convicted by a jury of eight counts of sexually touching girls aged between 10 and 16 in 2018 and 2020.

The uncle convicted of raping his niece is on bail and not due to face sentence until August 19 because the judge in his case has to undergo a medical procedure.