{"id":10627,"date":"2026-05-13T18:22:10","date_gmt":"2026-05-13T18:22:10","guid":{"rendered":"https:\/\/www.europesays.com\/australia\/10627\/"},"modified":"2026-05-13T18:22:10","modified_gmt":"2026-05-13T18:22:10","slug":"lawyer-for-notorious-paedophile-peter-liddy-says-indefinite-jail-would-be-an-abuse-of-process","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/australia\/10627\/","title":{"rendered":"Lawyer for notorious paedophile Peter Liddy says indefinite jail would be an &#8216;abuse of process&#8217;"},"content":{"rendered":"<p class=\"paragraph_paragraph___QITb\">Keeping paedophile former magistrate Peter Liddy in prison at the completion of his 25-year jail term next month would be an &#8220;abuse of process&#8221;, his lawyers have told South Australia&#8217;s Supreme Court.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The notorious child abuser, who is now in his 80s, was jailed in 2001 for sexually offending against four children between 1983 and 1986.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He has remained in custody since, having previously been refused parole, but his prison term is due to expire in three weeks, on June 4.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Jeff Powell SC, for Liddy, asked the court to permanently stay the <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2026-03-04\/sa-paedophile-magistrate-peter-liddy-detention\/106413360\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/106413360\" rel=\"nofollow noopener\" target=\"_blank\">government&#8217;s application to keep his client behind bars<\/a>, suggesting his client&#8217;s case was &#8220;rare and exceptional&#8221;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He said it would be &#8220;unjust to subject him to an inquiry&#8221; given a 2019 report by a forensic psychiatrist had already found Liddy was capable of controlling his sexual instincts.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;It would be an abuse of process of the court to do so,&#8221; Mr Powell said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Powell said that report, by Dr Craig Raeside, had found there was &#8220;no indication that [Liddy] was incapable of controlling his sexual conduct&#8221; and that he &#8220;would not support a finding that Mr Liddy is unwilling to control his sexual behaviour&#8221;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He said Dr Raeside had further suggested that any risk Liddy may pose if released into the community &#8220;could be adequately managed with appropriate supervision&#8221;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He said a prison program had deemed Liddy to be at &#8220;average risk of sexual reoffending&#8221; which equated to a low-to-moderate risk.<\/p>\n<p><img decoding=\"async\" alt=\"A lawyer outside an Adelaide court.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/05\/d2f09ddb504e07d9a71c796dc53f4038.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Legal Services Commission defence lawyer Jeff Powell SC outside an Adelaide court. (ABC News: Jordanna Schriever)<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Powell criticised the timing of the government&#8217;s application which was filed in February, just months before Liddy was due to be released.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;His circumstances have been fully known by the Crown for years, the fact of his offending hasn&#8217;t changed, the unproven allegations haven&#8217;t changed, the fact that there is ongoing denials is unchanged \u2026 there is nothing new here,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;What has changed is that \u2026 he is now, of course, older, he is frailer and he is more unwell.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;He has an unblemished record as a prisoner for 25 years.&#8221;<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Powell said Liddy&#8217;s compliant conduct while in custody appeared to be viewed by the government as &#8220;a facade&#8221;.<\/p>\n<p>&#8216;Detain people until they confess&#8217;<\/p>\n<p class=\"paragraph_paragraph___QITb\">Alison Doecke KC, for the government, said shelving the proceedings would be &#8220;inappropriate&#8221; and that the government was under &#8220;no obligation&#8221; to file its applications any earlier.<\/p>\n<p class=\"paragraph_paragraph___QITb\">She said there were issues with Dr Raeside&#8217;s 2019 report, because it was almost seven years old, did not include a current risk assessment and did not include the findings of a six-month sexual offender course Liddy had completed in prison.<\/p>\n<p class=\"paragraph_paragraph___QITb\">She said it was also unclear how much consideration Dr Raeside had given unproven allegations against Liddy.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Liddy has committed horrendous sexual offending which has been denied,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">She said those continued denials, meant a prison treatment program had been unable to assess his potential risk.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;I don&#8217;t think it&#8217;s the point that you detain people until they confess,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;What is missing from Raeside&#8217;s report \u2026 is how does this man&#8217;s denial impact his current risk level?<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;The reason to detain is that in the absence of accurate and reliable assessment of the risk, your Honour should not be reassured by what is an &#8216;average risk of sexual re-offending&#8217;.&#8221;<\/p>\n<p><img decoding=\"async\" alt=\"A lawyer outside an Adelaide court.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/05\/5d93b98752f1b87d315c9e4fe6d79f2b.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Lawyer Alison Doecke KC strongly defended the Attorney-General&#8217;s application to keep Liddy behind bars. (ABC News: Jordanna Schriever)<\/p>\n<p class=\"paragraph_paragraph___QITb\">She said it was also &#8220;important to recognise&#8221; that Liddy&#8217;s cognitive capacity had &#8220;fluctuated markedly over time&#8221; and that &#8220;in more recent times there is no concern about Mr Liddy&#8217;s cognitive capacity&#8221;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;The court needs to have caution in closing off this application by granting a permanent stay on the basis of a report that is six-and-a-half years old for a man we know whose cognitive capacity has fluctuated over time.&#8221;<\/p>\n<p class=\"paragraph_paragraph___QITb\">The government has also sought Liddy be subject to a supervision order if released.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Ms Doecke said if granted, that order should include a six-month period of strict home detention conditions.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Liddy&#8217;s lawyers, however, said any period of home detention should last only three months.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard that the restrictions sought would also include limiting Liddy&#8217;s access to a computer or the internet \u2014 even though he had &#8220;never used a computer and doesn&#8217;t intend to&#8221;.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard the premises where Liddy would live were &#8220;currently being assessed&#8221;, but Ms Doecke said there were &#8220;complexities&#8221; which could not be articulated in open court.<\/p>\n<p class=\"paragraph_paragraph___QITb\">She said &#8220;practical steps&#8221; including connecting electricity were still required.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Rachael Gray will deliver a decision next week.<\/p>\n","protected":false},"excerpt":{"rendered":"Keeping paedophile former magistrate Peter Liddy in prison at the completion of his 25-year jail term next month&hellip;\n","protected":false},"author":2,"featured_media":10628,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[22,21,11702,11701,53,11699,6969,9211,11703,11700,11698],"class_list":["post-10627","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-au","tag-austrlia","tag-child-sex-offences","tag-child-sex-offender","tag-detention","tag-indefinite","tag-jail","tag-lawyer","tag-magistrate","tag-paedophile","tag-peter-liddy"],"_links":{"self":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts\/10627","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/comments?post=10627"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts\/10627\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/media\/10628"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/media?parent=10627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/categories?post=10627"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/tags?post=10627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}