A retired WA police officer with more than 40 years' service, who was a friend of ex-commissioner Karl O'Callaghan, is behind bars for sexually abusing three boys — offences he only admitted after two trials and an appeal.
The former commissioner was one of the people who provided a reference for Garry Edward Burton, 65, who abused the boys, aged 11, 12 and 16, over more than a decade — between 2003 and 2014.
The District Court was told one of the victims, who wanted to be a police officer, was invited to stay at Burton's home on the pretext he was going to take the boy to see the police complex at Midland, but instead he abused him.
Another victim, who was 14, had an interest in a particular hobby which Burton used to get access to the boy.
The court heard Burton made it clear that in exchange for helping the boy with the hobby, he had to engage in sexual acts with him.
Some of the abuse of the other victim happened while Burton's wife was at church.
Burton was first charged in 2018, the year after he left the force, and pleaded not guilty to all the allegations.
He first stood trial last year and was found guilty by a jury of 24 offences.
He was sentenced to 10 years and 8 months jail, but he won an appeal against his conviction and a retrial was ordered.
It was midway through that re-trial that he pleaded guilty to 16 charges — the remaining 8 counts were discontinued.
Burton says he has no memory of offences
Throughout the court process, Burton has maintained he has no memory of the offences because, at the time, he had been diagnosed with post-traumatic stress disorder and depression as a result of trauma he had to deal with as a police officer.
Today his barrister, Phillip Dunn QC told the court Burton had been a junior officer with Karl O'Callaghan who at one point, at the Cannington station, was also in charge of him.
Mr Dunn said his client felt he could talk to Dr O'Callaghan "on a first name basis as a friend".
Mr Dunn highlighted that in the reference, Dr O'Callaghan said concerns about Burton's mental and physical health at the time were largely ignored by his supervisors.
Burton was described in court as being depressed, anxious and suicidal and because of that he was removed from operational duties and put into an administrative role because he was deemed not capable of dealing with the public.
Mr Dunn said that was around the same time Burton started offending.
"What we say is the offending occurred in a man who is psychologically damaged … not functioning in a very balanced and reasoned way," Mr Dunn submitted.
Judge questions Burton's remorse
During the hearing, Judge Carmel Barbagallo questioned why, after two trials — one of which the victims testified at — an appeal and then a plea of guilty, Burton had not yet said sorry to his victims saying, "I think that's what's ... missing here".
That prompted Burton's lawyers to take further instruction from him, leading to Mr Dunn telling the court "he says completely he is sorry to the three victims and their families".
"He deeply regrets his behaviour … what he has done to hurt them and their families, he is sorry for."
"It's taken some time for that five-letter word to be uttered," Judge Barbagallo replied.
Judge Barbagallo also questioned the submission that Burton was remorseful, with Mr Dunn arguing that his pleas of guilty were an indication of that.
"They saw him stand up and plead guilty, stand up in front of the victims and say 'I am guilty'," Mr Dunn said.
However, that prompted another query from Judge Barbagallo: "Why didn't he do that 18 months ago?"
'Notorious' inmate makes prison difficult
The court heard when he was initially sentenced to jail last year, he had to be kept "in a prison within a prison" because he had been a police officer.
Mr Dunn said that time had been particularly difficult for Burton, because a "notorious" inmate had taken a dislike to him which led to him spending 23 hours a day in his cell.
While Burton had been released on bail after he entered his pleas of guilty, today he was remanded in custody until he is sentenced.
His defence team has argued, because of his guilty pleas to only 16 of the 24 charges against him, he should receive a jail term lower than the original 10 years and 8 months.
