Fed: Serial rapist wins right to appeal to High Court

AAP General News (Australia)
12-12-2003
Fed: Serial rapist wins right to appeal to High Court

By Paul Osborne

BRISBANE, Dec 12 AAP - A serial rapist has won the right to appeal to the High Court
against new Queensland laws keeping him in jail.

Robert John Fardon last month became the first prisoner to be held in jail under the
state's new Dangerous Prisoners (Sexual Offenders) Act, even though he had served out
his sentence in June.

The Prisoners Legal Service, acting on his behalf, wants the High Court to quash the
new law on the basis it is unconstitutional.

In an expedited hearing in Sydney today, High Court justices Bill Gummow and Michael
Kirby granted Fardon special leave to appeal.

A directions hearing will be held in Sydney before Justice Gummow next Thursday.

Fardon, 54, was due for release from the Townsville jail on June 27 after serving a
14-year sentence for rape, sodomy and assault on a woman in 1988.

He had been out of jail on parole for only 20 days after serving eight years for raping
a 12-year-old girl when he committed the 1988 offences.

On November 6, Supreme Court judge Margaret White granted an application by Queensland
Attorney-General Rod Welford to keep Fardon behind bars indefinitely.

Justice White found Fardon remained an unacceptable risk of reoffending if released.

Prisoners Legal Service coordinator Cathy Periera, who attended today's hearing, said
she was pleased with the decision.

"It means the High Court believes there is a real issue and acknowledges the merit
of it," Ms Periera said.

Ms Periera said the issue was significant not only from the point of view of Fardon's
liberty but because it was the only Act in Australia which imprisoned someone solely for
what they may or may not do in the future.

"It fundamentally undermines the criminal justice system," Ms Periera said.

AAP pjo/sc/drp/jlw

KEYWORD: FARDON

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