Ray Hadley livid over judge’s reasoning to bail convicted paedophile
Ray Hadley has ripped into Judge Robyn Tupman over her justification for bailing convicted paedophile Neil Duncan.
Duncan has been granted bail for the second time after he was re-arrested at a pony club event for breaking conditions of his bail.
He has been found guilty of eight counts of sexually touching girls aged between 10 and 16 and is awaiting sentencing.
Justice Tupman’s judgement concluded Duncan’s conviction was not reason enough to keep him in custody until his sentencing.
“The relevant circumstances in relation to a refusal of bail are that, in the circumstances, there is in fact an increased flight risk,” she said at Queanbeyan District Court on June 2 (read Justice Tupman’s judgement in full below).
“There is nothing in the evidence here that would indicate he is an increased flight risk any more than he might have been a flight risk over the last two years whilst he has been awaiting trial.”
Ray was left dumbfounded on reading the transcript.
“So your saying there’s no more chance of flight risk after he’s found guilty and certainly going to jail than there was when he was not guilty and just facing charges?” he asked.
“That doesn’t pass the pub test in any way, shape or form.”
Press PLAY below to hear Ray’s full comments in full
NSW Attorney-General Mark Speakman has since revealed the acting Director of Public Prosecutions has directed a detention application to be made in respect to convicted Neil Duncan.
Read the transcript of Judge Robyn Tupman’s judgement below:
“I am not satisfied that bail should be refused in this case.
“Subject to argument, it seems highly likely, if not inevitable, that he faces a term of imprisonment. The verdicts of guilty in relation to OO, counts 5 to 8, particularly count 8, are such that it is likely in the circumstances that the threshold will be crossed. There is no alternative to full-time custody if that is the case.
“Without hearing any of the arguments however, I would have thought that the multiplicity of charges and now multiplicity of verdicts involving OO and SC, so those six counts at least, will mean a very high likelihood, if not inevitability, that there will be a term of imprisonment.
“The relevant circumstances in relation to a refusal of bail are that, in the circumstances, there is in fact an increased flight risk. There is nothing in the evidence here that would indicate he is an increased flight risk any more than he might have been a flight risk over the last two years whilst he has been awaiting trial.
“Any such risk can be alleviated by imposing conditions as suggested, namely that he report to police at a regular intervals. Three days a week it seems to me is unnecessary.
One day a week I agree is enough. There should also be conditions that he not approach within 500 metres of any point of international departure and surrender his passport. He has agreed to those conditions.”
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