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Media, politicians blamed for Ferguson's release

4/07/2008 11:32:20 AM

They have been among the first to voice their condemnation of beseiged Queensland pedophile Dennis Raymond Ferguson, but State Government ministers, federal politicians and even local councillors may be the very people to blame for his release from custody this week.

Brisbane Judge Hugh Botting freed Ferguson on Monday on the grounds his "notoriety" as a convicted child predator would deny him any chance of a fair trial on fresh child sex charges levelled against him in 2005.

The charges were permanently stayed as a result, sparking widespread criticism and an Attorney-General's appeal.

But in his written decision released in full this morning, Judge Botting cited comments from political leaders and negative media reports, for creating Ferguson's ignominy.

"In those references, the accused has been referred to as, inter alia: (a) "well known paedophile"; (b) "notorious paedophile" (c) "unrepentant"; (d) "considered unrehabilitated"; and (e) "convicted child molester"," Judge Botting wrote.

"In all the material before me there is nothing I can find that in any way might be thought to be favourable to the accused. The most that can be said is that there are some references to expressions of opinion by some (referred to occasionally as "civil libertarians") that people who have served sentences should not be further constrained; and there is a report of the then Premier of the State urging people to "keep calm".

"In my view, the nature and extent of the pre-trial publicity render it, to all intents and purposes, impossible to conceive that a jury could be empanelled to try the matter, whose members would not be familiar with the things about the accused which have featured for so long and so often in the press."

The judge of 19 years' standing said child sexual abuse incited "very strong emotions in our society" but justified the permanent stay of the 2005 charges because Ferguson's case was "exceptional".

Ferguson was moved from his temporary home in Miles, in the state's south-west, last night after an angry mob of Miles residents staged a protest outside.

Police say he has been relocated to an area outside the Darling Downs region.

Queensland's Chief Justice Paul de Jersey promised to expedite an appeal hearing, at which lawyers representing Attorney-General Kerry Shine will argue Judge Botting's decision to stay the charges was flawed.

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