Pedophile set free over 'fair trial' fear (1 Viewer)

[GeoffreyLeonard]

Queensland Attorney-General Kerry Shine will appeal a Brisbane court's decision to release a convicted pedophile because he could not receive a fair trial over the alleged sexual abuse of a five-year-old girl.

Judge Hugh Botting told Brisbane's District Court yesterday afternoon that Dennis Raymond Ferguson, 60, would have charges against him permanently stayed because of "adverse publicity".

Ferguson has been in jail since November 2005 after he was accused of sexually molesting the girl at her home in Dalby, in south-west Queensland.
He originally applied for a permanent stay of the charges last year but his application was dismissed by Judge Gary Forno last August.

Mr Shine last night said he sought urgent advice from the Director of Public Prosecutions Tony Moynihan on the matter and would launch an appeal today.
He said he would seek further advice on whether the appeal could be fast-tracked but until then, Ferguson would be free in the community.

"The reasons for this decision are a surprise to me," he said.

"In Queensland I believe that accused people do receive a fair trial."

Mr Shine said he did not know of any other cases that had been thrown out for similar reasons.

"I believe that Queensland juries properly directed by Queensland judges are quite capable of arriving at intelligent decisions on the evidence before them and only the evidence before them," he said.

"I'm confident that the Court of Appeal would agree that in Queensland an accused person is quite capable of receiving a fair trial."

He said he did not believe yesterday's decision would set a precedent for other high profile cases including that of manslaughter-accused surgeon Jayant Patel.

Ferguson was charged in November 2005 with molesting two girls, then aged four and five, but one of the charges was dropped in April this year when a judge found there was insufficient evidence against him.

Judge Botting said yesterday he didn't believe every member of a jury would be able to be "dispassionate" in considering Ferguson's case due to significant adverse publicity about his past convictions.

A third related charge was also thrown out.

"In my view the application for a stay should be granted," Judge Botting said.
"I have formed the view that the accused cannot receive a fair trial."

Judge Botting said the Crown case against Mr Ferguson was "tenuous" but even if he were convicted, the time he spent in custody since his arrest more than two-and-a-half-years ago would exceed any jail sentence ordered.
Ferguson previously served time for child sex offences.

He was sentenced to 14 years' jail in 1988 for sexually abusing three children in a Brisbane hotel room.
He was out of jail for about two years before he was arrested on the charges that were dismissed yesterday.

http://www.smh.com.au/news/national/pedophile-free-over-fair-trial-fear/2008/07/02/1214950792141.html

What a handsome young fellow

 

[katie tully]

He's hot.

 

[Hollieee]

Well that's pretty gross.

 

[withoutaface]

Import a jury from Western fucking Australia then, you knobs. I know I'd never heard of him...

 

[The_highwayman]

Import a jury from Western fucking Australia then, you knobs. I know I'd never heard of him...

well, not until now.

 

[scarybunny]

He's staying in a far away house, with another sex offender.

Don't go in that haus.

 

[banco55]

That judge is a piece of shit and I hope something nasty happens to him. Note that he said even if he was convicted he wouldn't serve more then two and a half years for sexually abusing a 5 year old. He should be doing at least 10 years with his record if convicted.

 

[Captain Gh3y]

sick ACA on him :angry: :angry: :angry:

 

[Zrap]

Anna Coren from Today Tonight instead

 

[banco55]

Forget ACA. Put him in general population next time he's arrested. They'll make short work of him.

 

[scarybunny]

Mob justice. How civilised.

 

[Zrap]

Pull a shotgun out and shoot him in the back...


Wait, this isn't texas

 

[Captain Gh3y]

Forget ACA. Put him in general population next time he's arrested. They'll make short work of him.

I just want another funny ped-chasing video

 

[katie tully]

NOTORIOUS pedophile Dennis Raymond Ferguson has been spirited out of a Queensland town after a group of 80 people gathered at a property at which he was staying.

Angry locals converged on the driveway of an isolated weatherboard house near Miles where Ferguson had been in hiding since a judge set him free on Tuesday.

Residents, who were rallied by text message, drove to the house at dusk in a procession of cars, four-wheel-drives and utilities, later holding signs and chanting for him to leave.

Police watched as the mob vented its anger at not being told of his relocation after Judge Hugh Botting ordered a permanent stay of proceedings on child-sex charges against the repeat offender.

Officers said last night that Ferguson, 60, was removed at his own request to an undisclosed location in Queensland.

It was the fourth town he has been run out of after mobs drove him from Murgon in February 2005, from Ipswich two days later and from Roma the following month.

Some people hate this dude.

 

[Snaykew]

He's not just a pedophile, he's a NOTORIOUS pedophile.

 

[jb_nc]

Some people hate this dude.

think its something to do with the fact hes a hell gross fucking paedophile

 

[katie tully]

think its something to do with the fact hes a hell gross fucking paedophile

Yr disgusting disregard for this disgusting mans rights is disgusting

 

[Riet]

This was on today tonight last night. Anna Coren is like "Shouldn't people have a right to know that this man is behind bars and their kids are safe?" The lawyer dude was like "Actually no, we can't just lock people up for nothing." It was pretty funny.

 

[Snaykew]

Since when didn't people have to right to KNOW if certain individuals are in gaol?

 

[want2bdifferent]

Some people hate this dude.

probably beacuse he is a sick pedo, who deserves to spend his life behind bars.