Former magistrate Peter Liddy, 83, was released from prison on June 4, 2024, after serving a 25-year sentence for child sexual abuse. He is now subject to strict home detention conditions while the Supreme Court of South Australia considers an application for his indefinite detention.
"The government is doing everything legally possible to have Liddy returned to jail," said Attorney-General Kyam Maher, describing the crimes as especially serious given Liddy's position as a magistrate.
Release Conditions
On May 29, 2024, Justice Rachel Gray refused Liddy's request to permanently halt the indefinite detention proceedings. Instead, the court ordered his release on a six-month Interim Supervision Order while medical and psychiatric reports are prepared to assess his risk of reoffending.
The conditions include:
- Electronic monitoring
- Restricted internet access
- Prohibition on contact with children
- Banned from being within 50 metres of schools, kindergartens, or public playgrounds
- Obligation to provide police access to electronic equipment at any time
- Prohibition on possessing firearms, alcohol, or non-prescription drugs
- Ban from pubs, clubs, or licensed venues
- Requirement to remain at home without permission, except for emergencies
- Supervision by a corrections officer
Background
Liddy was jailed in 2001 for the sexual abuse of four children between 1983 and 1986, which occurred while he was a magistrate volunteering at the Brighton Surf Life Saving Club. He received a 25-year sentence—at the time, the longest term for a paedophile in South Australia. He became eligible for parole in 2019 but has not been granted it.
In 2010, additional charges involving 10 child sex offences against five other victims between 1969 and 1983 were dropped.
Legal Arguments
The South Australian Attorney-General, Kyam Maher, applied for indefinite detention earlier in 2024, arguing that Liddy still poses a risk.
Liddy's defence counsel, Jeff Powell SC, argued the application was an abuse of process. He cited a 2019 forensic psychiatrist report stating that Liddy could control his sexual instincts.
Attorney-General's counsel, Alison Doecke KC, countered that the 2019 report is outdated and does not assess current risk. She noted that Liddy continues to deny his guilt, which prevented assessment in a prison treatment program.
"The 2019 report is outdated and does not assess current risk," argued Alison Doecke KC, noting Liddy's continued denial of guilt prevented treatment program assessment.
The premises where Liddy will reside are being assessed, with complexities not disclosed in court. The Department for Correctional Services has declined to comment on Liddy's specific whereabouts.
Official Statements
Commissioner Grant Stevens stated that primary responsibility for enforcing the supervision order lies with the Department for Correctional Services, but police will have a broader public safety role. He cautioned against vigilante activity, noting that police would take action if Liddy poses a threat or if threats are made against him. Regarding flyers circulating about Liddy's release, he stated that based on his review, no offense appears to have been committed, but warned against unauthorized disclosure of information.
Former Commissioner for Victims' Rights Michael O'Connell stated that Liddy's release may be difficult for victims, but that the court's willingness to consider indefinite detention is important. He noted that while Liddy has served his time, that may not align with victims' perception of justice.
Advocate Andrew Carpenter, a lawyer for abuse survivors, described the release as a dark day for victim-survivors, who were shocked and disheartened that the government had not acted sooner to keep Liddy detained.
The Copper Coast Council reported no official correspondence about Liddy's release or prior knowledge of the flyers.
Next Hearing
A further hearing on the application for indefinite detention is scheduled for November 2024.