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 State loses yet again in sex offender case 

State loses yet again in sex offender case

16/05/2008 10:28:15 AM
The Bligh Government has chalked up another loss in its law and order battle against the state's most dangerous sexual predators.Attorney-General Kerry Shine had sought to use the Dangerous Prisoners legislation - described by one judge as "draconian" - to have a 2007 court decision to release 62-year-old sex pest Raymond Yeo overturned on the grounds that the diagnosed psychopath posed too great a danger to the community.But in a move that has been repeated by the Queensland judiciary several times in the past few months, the Supreme Court of Appeal today dismissed the government's latest attempt to impose indefinite detention, instead allowing Yeo to remain a free man - albeit under supervision.Yeo, who has served two separate stints behind bars for offences against young boys, including one who was disabled, has previously been the subject of a continuing detention order but was released by Supreme Court Justice Debra Mullins in October into the care of his brother, who himself has an intellectually-impaired son and several young grandchildren.Doctors have admitted there is little hope Yeo will ever be rehabilitated because of his steadfast refusal to acknowledge his crimes were wrong and his reluctance to complete sexual offender treatment programs.Lawyers for Mr Shine had hoped to have Yeo returned to custody, arguing Justice Mullins had failed to take into account the serious risk Yeo still posed. She was also accused of not fully explaining her reasons for allowing his release.But in a unanimous decision by three Court of Appeal judges this morning, Justice Mullins' decision was upheld.The court found she had properly used the government's own legislation by ordering a 10-year supervision order to mitigate Yeo's risk."In summary it must be accepted that the sexual offending in which the respondent has engaged is serious and that his history of refusal to admit his guilt and seek treatment for his homosexual pedophilia, together with his psychopathic personality, make him a prisoner who does pose a serious danger to the community," Justice Patrick Keane said in his judgement."That having been said, one must bear in mind that the range of orders which may be made under the (Dangerous Prisoners) Act in relation to prisoners who are found to pose a serious danger to the community includes orders for supervised release."Her Honour was disposed to regard that strategy as apt to ensure adequate protection to the community."Justice Keane also found Mr Shine's lawyers had failed - at the time of the October hearing - to cross-examine Yeo in front of Justice Mullins about his future plans if released from custody.Today's outcome is the latest in a string of unsuccessful attempts by Mr Shine to have declared dangerous prisoners returned to custody under continuing detention, despite a number of serial pedophiles and rapists breaching their supervision orders by drinking alcohol, taking drugs and committing further crimes.One is back in custody facing fresh rape charges.
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