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Judge baffled after it took police 10 years between interviewing abuse victim and conviction

A judge says he is baffled by the fact police took 10 years between interviewing a Gold Coast child sex victim and then bringing the repeat offender to justice.

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A judge says he is baffled by the fact police took 10 years between interviewing a child sex victim and then bringing the repeat offender to justice.

The man, who cannot be named for legal reasons, masturbated in front of three children, gave two girls sex toys and watched pornography with the children while in his Labrador home in 1993.

One of the children was his son and they were aged between nine and 13.

A fourth child was allegedly present but has since died so was unable to be counted as a complainant.

The victim went to police in 2011 but her abuser has only just faced court.
The victim went to police in 2011 but her abuser has only just faced court.

The man had a previous conviction for aggravated assault against a girl under 17 in 1989.

The Southport District Court was told one of the victims made a complaint to police in 2011.

Police set up a recorded pretext call by the victim to the man. She also gave a statement.

Two years later, she was asked for a second statement and a second pretext call.

However, a warrant for the man was not issued until 2017. He was extradited from New South Wales in 2019 and committed to trial in 2021.

He pleaded guilty to 10 counts of indecent treatment or a child.

Crown prosecutor Natalie Lima was unable to explain the delay.

Judge David Kent said that it was “unclear exactly what followed” the woman’s initial statement to police.

“The investigation seems to have proceeded at a somewhat leisurely pace, with respect,” he said.

Judge Kent said the fact the man had not offended for 28 years was “extremely important”.

“If one were hoping for an offender to rehabilitate, you could not really ask much more than having them stay out of further trouble for 28 years, and that indicates that there is, perhaps, little need, as the medical experts say, to protect from risk of your reoffending,” he said.

The man was sentenced to two years’ prison, wholly suspended for four years. He was also placed on probation for three years.

Judge David Kent was confused by the “leisurely pace” the police investigation was conducted.
Judge David Kent was confused by the “leisurely pace” the police investigation was conducted.

He spent five days in pre-sentence custody.

A Queensland Police spokeswoman said: “Investigations pertaining to the sexual assault of any child are somewhat unique and complex in nature and need to be assessed on the individual circumstances. An investigative response is then prioritised accordingly.

“With this case in particular, there was a need to cross jurisdiction borders throughout this

investigation, which created legal and logistic hurdles for investigators.”

It is not the first delay in police investigations to be highlighted in the Southport courts.

In another case, the Southport Magistrates Court was told in January last year that it took almost three years for police to execute a warrant in relation to historical child sexual offences.

That matter is still before the courts.

It is not only related to child sexual abuse.

In May this year, when Craig Anthony Marshall was sentenced for fraud it was noted that it took police two years to act after he had confessed to his employer about siphoning off more than $216,000 into his own bank accounts.

lea.emery@news.com.au

Original URL: https://www.goldcoastbulletin.com.au/news/gold-coast/judge-baffled-after-it-took-police-10-years-between-interviewing-abuse-victim-and-conviction/news-story/057bd5319bbbbd9b2e1a8f09a7dfb656