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Thursday May 24, 2012

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Former MP 'should be in jail'

Posted by: Loretta Johnston, Fairfax | 30 November, 2011 - 12:57 PM
Terry Martin

Former MP Terry Martin's hypersexuality was an illness that had to be treated as a mitigating factor in considering his sentence on child sex charges, a judge in Tasmania said yesterday.

*Scroll down to listen to Neil Mitchell's editorial on Terry Martin and another man's case, as well*

Justice David Porter said the two crimes committed by Martin were directly related to the side effects of a drug he was prescribed to treat his Parkinson's disease.

Martin, who had been in custody since the two guilty verdicts were returned last week, walked from the Supreme Court in Hobart yesterday after receiving a 10-month suspended sentence.

Martin was found guilty of having sexual intercourse with a young person under the age of 17 years and producing child exploitation material.

The crimes were committed at his home in September 2009 and involved a 12-year-old girl prostituted by her mother and pimp Gary John Devine - both of whom have been jailed for their crimes.

Justice Porter said Martin had developed an obsession with sex by the end of 2006 and began looking at internet pornography, something he had not done before he was prescribed a dopamine agonist drug.

Justice Porter said Martin started to engage the services of sex workers in January 2007 and that over two years had seen 162 different sex workers on 506 occasions.

Martin also engaged a male sex worker, despite having no interest in men before he was prescribed the drug.

Justice Porter said a neurologist's report and a psychologist's report confirmed the link between Martin's dopamine agonist use - which has since been stopped - and hypersexuality.

"What Mr Martin suffered was really an illness and I am in no doubt that this illness must be treated as a mitigating factor," he said.

"The distress and confusion caused to Mr Martin is clearly evident from his police interview."

Martin first had sex with the girl on September 11, 2009, after he responded to a newspaper advertisement for "new in town, Angela, 18 years old".

He saw the girl at Devine's dimly-lit Glenorchy unit and left after becoming disconcerted by a male voice he heard outside the bedroom.

Two days later he arranged for the girl to come to his Claremont home and it was during this visit the crimes were committed.

"When she arrived he paid the $500," Justice Porter said.

"He noticed the camera which was attached to a charger and asked her about posing for photographs."

Martin paid an extra $100 to take photographs of the girl engaged in sexual acts and posing sexually.

During the trial, the court heard it was usual for Martin to take photographs of women he had sex with.

Justice Porter said it was not the Crown case that Martin had set out to engage an under-age prostitute and that he had believed she was 18.

He said that by the time the crimes were committed, the basis of that belief had subsided but noted that Martin's sexual inhibitions were reduced as a result of the drug.

Martin was one of more than 100 men who had sex with the girl while she was being prostituted.

Director of Public Prosecutions Tim Ellis has said that there was admissable evidence from seven other men but that their cases were different from Martin's and that there was little chance of them being convicted.

Justice Porter said Martin was not to be sentenced on the basis that he was a representative - appointed by the media - of the men who had sex with the girl.

Justice Porter also said if Martin had not co-operated with police, prosecution would have been difficult.

He said he was satisfied Martin would not reoffend.

Justice Porter said Martin, a former Glenorchy mayor and Elwick MLC, had led an extremely industrious life and that his list of civic and community activities from 1983 to 2009 was lengthy.

Martin made no comment as he left the court. He was heckled by supporters of the girl.

He will face a related charge in the Supreme Court in Hobart on January 30 and is on bail on that charge.

The Examiner - Fairfax Media

PLAY: Neil Mitchell's editorial

Blog comments Your Say

  • Nothing but a PEDOPHILE / SLEEZEBAG. For christ sake, the victim was 12 YEARS OLD !!!. What happended to the victims mum and her pimp??

    Peter Thursday 1 December, 2011 - 11:03 AM

  • Seems like Terry Martin may be an ideal match for St Kilda footy scandal's Kim Duthie. Both like to take pics.

    IvanP Thursday 1 December, 2011 - 4:48 AM

  • If the side effect of hypersexuality is known then why wasn't he closely monitored by his prescribing GP?

    Sounds like medical negligence has contributed to this matter.

    As was noted he has contributed to the investigation, whereas if he had remained silent there may not have been a prosecution.

    Sounds like genuine remorse to me and based on the sparse facts interspersed with lots of hyperbole this may well have been an appropriate sentence.

    PH Wednesday 30 November, 2011 - 10:53 PM

  • Sick of hearing these pathetic excuses of "I was depressed or my wife left me!" etc...This piece of trash belongs in prison no question NO excuses! He IS a pedophile.

    janelle Wednesday 30 November, 2011 - 6:33 PM

  • Justice Joker-I hardly think shoplifting $90 worth of goods or whatever compares to being guilty of sex with a 12 year old - give me a break!
    Of course this sleazebag Terry Martin should go to jail-and for a long time. I certainly hope the DPP will appeal the "sentence".

    John Wednesday 30 November, 2011 - 5:30 PM

  • I want to know did the prosecutor bring any other Parkinson's disease sufferer's into the witness box, ive never heard of any other person with that disease doing such revolting acts. Sack the magistrate incompedent fool.

    janet p Wednesday 30 November, 2011 - 2:09 PM

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