Freed pedophile 'can't get fair trial' Georgia Waters
July 2, 2008 - 10:22AM
The Queensland attorney-general 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.
Attorney-General Kerry Shine last night said he had 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 had been 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 had been convicted, the time he had spent in custody since his arrest more than two-and-a-half-years ago would exceed any jail sentence ordered.
Ferguson has 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 had been out of jail for about two years before he was arrested on the charges that were dismissed yesterday.
