The NSW Supreme Court has granted a convicted paedophile bail for the third time after dismissing a detention application. 

Neil Duncan was last month found guilty of eight counts of sexually touching girls aged between 10 and 16 and is now awaiting sentencing.

Laws at the time allowed the judge to grant Duncan bail twice as he awaits sentencing, despite him being rearrested in June for breaking his initial bail conditions.

It’s a decision that drew the attention of NSW Attorney-General Mark Speakman, who requested the Director of Public Prosecutions review the bail decision.

Since then, tough new laws have been passed that would see bail refused to anyone awaiting sentencing, with the exception of where “special circumstances” can be established.

Yesterday, the Supreme Court found Neil Duncan qualifies for this exception.

Duncan has been diagnosed with prostate cancer and has a colonoscopy scheduled for next week to establish whether it has spread to his bowel.

As a result, the convicted paedophile remains on bail.

“I don’t know what the DPP was possibly thinking,” Ray Hadley said.

Press PLAY below to hear Ray Hadley’s reaction 

NSW Labor leader Chris Minns told Ray Hadley if elected Premier, he will look into the rules “very closely” so there can’t be a loophole anymore.

Mr Minns also added the legislation doesn’t codify “special circumstances”.

“I want to make sure we can look at codifying special circumstances under the law,” he said.

Press PLAY below to hear Mr Minns’ comments

Image: Getty