A high-risk paedophile will be released into the community without having undergone rehabilitation treatment due to a lack of individualised programs for offenders in the South Australian prison system.
In the South Australian Supreme Court, Justice Julie McIntyre said the man — who has completed his sentence — would not be able to access the 15-month group course at the in-prison Sexual Behaviour Clinic (SBC) until late 2023 or early 2024.
The court was told that the man refused to participate in group sessions, and there was no option to do individual treatment within the prison system.
"It is highly regrettable that the rehabilitation options available to him in custody are so constrained," Justice McIntyre said in her decision to release him.
In April 2019, the man was jailed for procuring a child to commit sexual activity and breaching a previous bond for possessing child exploitation material.
He was given a 38-month sentence with a non-parole period of 24 months.
Once he completed his sentence, he was deemed to be at "high risk of reoffending" and was placed on a two-year supervision order so he could be monitored in the community.
He breached that order by failing to comply with his reporting obligations, and was arrested.
The paedophile was released again in August 2022, but he breached a second supervision order for making death threats against corrections staff in March.
This prompted Attorney-General Kyam Maher to apply to the Supreme Court for man to remain locked up to ensure the community was protected.
Forensic psychiatrist Dr Narain Nambier told the court he found the paedophile was in "complete denial" about his sexual interest in children and posed a high risk of reoffending without treatment and rehabilitation.
"Dr Nambier said that he appeared to consider himself a victim of his life circumstances and appeared unwilling to cooperate with any form of treatment, particularly sex offender treatment," Justice McIntyre said when summing up.
Fellow psychiatrist Dr Craig Raeside agreed, finding the paedophile needed more individualised treatment because he refused to participate in group sessions.
Justice McIntyre said the only option available in jail was the group-based SBC program.
"The SBC program lasts for 12 to 15 months. This means that, if detained, he will spend at least 21 months in custody in order to complete the SBC program," she said.
"Further, whilst he is detained, he will receive no individual treatment, as recommended by Dr Raeside.
"There is more flexibility and a greater likelihood of appropriate rehabilitation in the community."
Justice McIntyre said she was "not satisfied" that the risk he posed to the community required him to be indefinitely detained, finding he had not committed sexual offending since September 2020.
She said there was "no suggestion" he would act on his threats to kill corrections staff, and he had been expressing frustration at repeated requests to travel interstate for work being denied.
The man will remain subject to a supervision order in the community.
