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Hinch Blog: Legal Aid flawed?

Posted by: By Derryn Hinch, 3AW Drive | 1 December, 2008 - 4:53 PM
Derryn-Hinch172 Last week Victorian lawyers held a demonstration to highlight genuine and serious concerns about the future of Legal Aid.

They say it needs more government money – that’s taxpayers’ money – and some Legal Aid lawyers work for no fee or for as little as $19 an hour.

I made the point then that maybe people would be more sympathetic to wards Legal Aid if it wasn’t going to fund the court cases of people like the G20 protesters, who supposedly loathe our system and even convicted drug trafficker and former fugitive Tony Mobkel.

But there is a case today that is breathtaking in its legal madness. Legal Aid is reportedly funding a court fight by one of Australia’s worst serial rapists to force jail visits from his young children.

According to the Sunday Herald Sun this man’s identity cannot not be revealed. Why that is so I cannot yet find out. It wouldn’t be a suppression order under the Extended Supervision Act because he has just been sentenced to more than ten years jail.

He apparently started off exposing himself to elderly women and then committed violent rapes at knifepoint. His victims range in age from 12 to 89.

The jailed rapist is trying to force his ex-wife to drive three hours to Ararat Jail every second Sunday so he can have an access visit with his children. Plus two phone calls a week.

Apparently, for a while, she did it. ‘I was letting them go in there but I stopped because my daughter was getting distressed. Her schoolwork and general behaviour has improved since he stopped seeing them’.

Remember, this is a prison that houses sex offenders like Mr. Baldy and the so-called sex sorcerer Robin Fletcher.

It is no place for kids and that’s an understatement. This man forfeited normal access and visitation rights when he committed his crimes. His children should not be forced to visit him. His ex-wife should not be forced to make a six-hourly fortnightly round trip. She should be sentenced to virtual weekend detention and Legal Aid should not be funding any of this.

The Family Court should be saying ‘You have fortnightly access. Those children will be at such and such location. If you can’t make it because you have been ‘unavoidably detained’ then that’s your problem.’

In all this talk about this man’s rights one thing is missing. Not a mention of his victims’ rights. They’re still serving their sentences.

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