A fugitive who escaped from a NSW prison and remained at large for almost 30 years has had two months added to his original sentence, with a court hearing that he is likely to be deported when he is finally released.
Darko Desic, 64, had served about 15 months of a 2 year and 9 month sentence for cannabis cultivation when he used a hacksaw blade to cut the bars on his cell at Grafton correctional centre sometime on the evening of July 31, 1992.
Darko Desic, 64, was part way through his prison sentence when he escaped.
He went to an external shed, where he found bolt cutters, cut a hole in the prison’s boundary fence and escaped – building himself a life on Sydney’s northern beaches over the next 29 years.
In September this year, when his work dried up due to the COVID-19 pandemic, Desic found himself homeless and living in sand dunes. He decided to finally turn himself in to police.
Desic made full admissions as to what he had done, and police conceded that if he did not surrender himself “he may not have ever been detected”.
On Thursday, Magistrate Jennifer Atkinson sentenced Desic to an additional two months in prison, on top of the remainder of his original sentence, citing his contrition, remorse, and the assistance he had provided to police.
Ms Atkinson accepted that Desic had been rehabilitated in the last 29 years, and had no other matters on his criminal record before the two counts of cannabis cultivation or afterwards.
“But for handing himself in, the police would have had no idea where he was or what had happened,” Ms Atkinson said. “These are factors that count strongly in his favour.”
Desic told police that his escape was due to a fear he would be deported to his native Yugoslavia, where he had evaded the required military service.
Ms Atkinson accepted that Desic had “real fears about what might happen to him”, but said there still needed to be a custodial sentence because “he chose to take tools and break out of a custodial centre”.
She imposed a sentence of two months, which will begin on October 30, 2022, at the end of the non-parole period for Desic’s original sentence.
Speaking directly to Desic, who appeared in court via a video link, Ms Atkinson said she appreciated that he had “a very tough time over the years”, including being unable to access support services due to his status as an escaped prisoner.
Desic’s lawyer Paul McGirr said his client recently received notification from Border Force that he will be deported or taken into immigration detention when his sentence expires.
Mr McGirr said outside court that he believed the deportation notice may have been generated automatically and said he hoped it could be reviewed. He said he still plans to ask the Attorney-General for clemency for his client.
“A custody sentence of two months is certainly not an unfair result,” Mr McGirr said. “He’s just grateful – I think he’s had this hanging over his head for 30 years.”
Mr McGirr said he planned to fight for Desic’s right to remain in Australia, including investigating a claim that Desic was made a permanent resident in 2008.
“I just think it’s unAustralian to kick someone when they’re down,” Mr McGirr said. “He’s a loved member of the community, and he’s one of us ... he doesn’t have the same country he left to go back to, being Yugoslavia.”
Mr McGirr said as part of the clemency bid he will be seeking for Desic to serve a sentence in the community, where he has been offered accommodation and a steady job.
Desic will be eligible for release on December 29, 2022.
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