'Abhorrent' Christmas sex attacker to be released
A CHRISTMAS Day rapist who complained of "corrupt bastardry” will be released after promising to honour strict conditions.
Kym Spoehr attacked a Japanese tourist at Noosa National Park in 2001 and held her captive.
He was previously deemed too dangerous for release, after failing to engage with sex offender programs.
At a Brisbane Supreme Court hearing on Monday, Spoehr said his crime was "abhorrent” and pledged to abide by any supervision order if he was released.
The court heard Spoehr previously complained of "manufactured evidence”, and of "corrupt bastardry” in the corrections system.
On Monday, Spoehr told the court some of these earlier statements were made "in the heat of the moment”.
Spoehr said his frustrations included a testicular cyst which caused "a lot of pain.”
He blamed anti-depressant medication, which he now avoided, for the unpleasant side effects.
"I suffer from depression and the medication I've been on has caused problems. Therefore I've had to put up with a lot of depression.”
"Have you asked for help with the cyst? If the cyst could be fixed does that alter your attitude?” Spoehr's barrister Malcolm Harrison asked.
"I should think so,” the 65-year-old replied.
But he said on Monday he wanted to finish his Year 12 studies and then study law.
Despite his problems, the court heard Spoehr was not assessed as being conniving or cunning, and could generally be expected to do as he said.
The court heard Spoehr had previously complained of being a "political prisoner”.
Prosecutor Jeffrey Rolls asked Spoehr if he still considered that to be true.
"I'm owned by the state,” Spoehr replied.
"I've done a lot of harm. But I'd like to move on with my life as well,” he added.
In Queensland, jailed sex offenders can be put on supervision orders, released on parole with supervision, or given continued detention.
In this case, the Attorney-General asked for a review of Justice Flanagan's continued detention order.
Justice Helen Bowskill said she was persuaded, after hearing from Spoehr and psychiatrists, that his attitude had changed since Justice Peter Flanagan refused his release in 2015.
She said it was agreed Spoehr was a danger to the community in the absence of a supervision order.
The judge said although Spoehr had frustrations with legal proceedings "he accepts that if an order is made it is important, and he is required to comply with it”.
Justice Bowskill said "isolation, anger” and a search for sexual gratification seemed to be what drove him to commit multiple rapes on the same woman at Noosa National Park.
Spoehr will be released on a five-year order.
He will initially stay at the Wacol corrections precinct.
He will be banned from drugs or alcohol for the first 12 months.
After that, he may be able to consume alcohol, but only with prior permission of Corrective Services, who in turn must consult medical experts.