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Name: MARK TREVOR MARSHALL

Age: 41 yrs old (2011)

State: SA

Sentence: Jailed indefinitely in 2009.

Offence/Other: Serial Paedophile.


https://www.facebook.com/KeepMarkTrevorMarshallInJail

http://www.youtube.com/watch?v=sBOKcLYPGv0

Serial paedophile Mark Trevor Marshall abandons bid for release from prison

Serial paedophile Mark Trevor Marshall’s bid for release is over, with a judge declaring it was “foredoomed to failure” and warning he is a long way from being ready for another attempt.
Supreme Court Justice Trish Kelly today formally permitted Marshall to withdraw from his three-year quest to be released from prison.
Although today’s decision ends Marshall’s bid for release, he has the legal right to apply again if mental health experts agree he is fit to do so.
Lawyers for Victims’ Rights Commissioner Michael O’Connell had asked the court to dismiss Marshall’s bid, which would bar him from reapplying within the next few months.
Justice Kelly today declined to do so, saying the withdrawal was enough.
She said psychological evidence and allegations that child pornography had been found in Marshall’s cell weighed against an imminent reapplication.
“(Marshall) clearly has a long period of rehabilitation ahead of him before he is likely to be supported again by his treating medical professionals to make a fresh application,” she said.
“Common sense informs me that that period of rehabilitation is not likely to have been completed within a few months.”
Outside court, Mr Michael O’Connell said that meant today’s ruling was both a victory and a defeat for the community.
“If the matter had been dismissed it would have sent a clear message to Marshall, it would have delayed any future application and it would have sent a message to other persistent sexual offenders potentially considering release,” he said.
“I appreciate the decision of Her Honour and am very thankful she has allowed me the opportunity to make submissions — and that she has acknowledged they were useful to her.”
Today’s formal dismissal brings to an end three years of debate surrounding Marshall application for release on licence.
Marshall, 44, has a history of sex offending dating back to June 1987 and has been jailed since 2009, when he was declared unwilling to control his urges.
His quest for release has attracted great controversy, ranging from the use of public servants to find him a residence to requests The Advertiser delete its reporting of the case from the internet.
Marshall even became an election issue prior to the 2014 vote, with both sides of politics vowing to intervene to keep the serial predator behind bars.
Last month, Marshall abandoned his plea for release, however under state law Marshall could not truly abandon his bid until granted formal leave to withdraw his application by the court.
In her ruling today, Justice Kelly said the “large number of items” found in Marshall’s cell were “gravely concerning” including:

A LARGE number of enemas.
A SECTION a syringe attached to a razor with masking tape.
PHOTOS of children clipped from magazines and newspapers.
ARTICLES relating to missing children cases.
A LIST of names of women and children referred to in those articles.
A LIST of addresses, taken from the White Pages, matching the names.
MAPS of Adelaide.


She said the Parole Board subsequently dubbed Marshall “a high risk of reoffending” and reaffirmed its objection to his release.
Mental health experts filed new reports, one of which said the items were “evidence” of Marshall’s “strategy to manage his own victimisation” by “asserting control” and "gathering evidence” to be used upon his release.
That report concluded Marshall posed a “very high risk” to the community, while another expressed “deep concerns” about his “profound lack of insight into his behaviour”.
Justice Kelly allowed Marshall to withdraw his application, but said there was no need to formally dismiss it.
Outside court, Marshall’s barrister Heather Stokes confirmed her client could refile his application in the future.
She said that could only occur, however, if and when mental health experts deemed Marshall psychologically and psychiatrically fit for consideration.
“It would be foolish for me at this point to speculate when that might be,” she said.
Mr O’Connell said the State Government strengthened the laws regarding the release of long-term sexually offending prisoners, in December last year.
That amendment made community safety the court’s paramount consideration in determining any sexual predator’s release application.
He said Marshall’s withdrawal meant that new law had yet to be tested.
“Therefore the question is still open,” he said.
“Should it be necessary, I will be here another day to fight for this issue.”

www.news.com.au (11-7-2014)
http://www.news.com.au/national/south-australia/serial-paedophile-mark-trevor-marshall-abandons-bid-for-release-from-prison/story-fnii5yv4-1226985331024


Paedophile Mark Trevor Marshall continues to push for jail release despite allegations names and photos of children were found in his cell

Paedophile Mark Trevor Marshall is proceeding with his application for release from custody despite allegedly being found with names and photos of children – and maps of suburbs – in his cell.
Marshall, 44, has a history of sex offending dating back to June 1987 and has been in custody since 2009, when he was declared unwilling to control his urges.
Since 2011, the courts have been considering the licence conditions under which Marshall can be released.
Last month The Advertiser reported SA Police were investigating the source and nature of items allegedly discovered in the prison cell occupied by Marshall.
The Advertiser understands the material allegedly found in Marshall’s cell included clippings from magazines featuring photographs of children.
It is further understood maps of suburbs were allegedly found in Marshall’s cell, along with other clippings listing the names and ages of children.
Today, lawyers for Marshall said they would be proceeding with his application to be released.
Justice Trish Kelly requested further psychiatric reports be prepared if Marshall’s doctors wished to comment in light of the new allegations.
In November, Marshall’s two psychiatrists warned a poor public reaction to his release could cause him to regress to the same “vulnerable” state that had preceded his prior offending .
They said the potential risk Marshall posed to the community was “acceptable” and “as good as it’s going to get”, and warned his release must happen “now or never”.
In December, the court heard legislative changes had made public safety the most important factor in determining whether Marshall should be released .
A month later, lawyers for Commissioner for Victims’ Rights Michael O’Connell said that, if released, Marshall’s address should be made public to enhance public safety .
Attorney-General John Rau subsequently announced he would personally intervene in the case in support of the changed law, and the legal test that must be applied to define community safety.

www.news.com.au (3-4-2014)
http://www.news.com.au/national/south-australia/paedophile-mark-trevor-marshall-continues-to-push-for-jail-release-despite-allegations-names-and-photos-of-children-were-found-in-his-cell/story-fnii5yv4-1226873344334


MAKO/Files Online.. Listing Australian Convicted Paedophiles/ Sex Offenders/ Child Killers.. FREE Public Service..


Photos, names of children allegedly found in cell of serial SA pedophile Mark Trevor Marshall

Pedophile Mark Trevor Marshall has allegedly been caught with names and photos of children — and maps of suburbs — in his cell just weeks before a hearing about his potential release.
SA Police are investigating the source and nature of items allegedly discovered in the prison cell occupied by Marshall.
The Advertiser understands the material allegedly found in Marshall’s cell includes clippings from magazines featuring photographs of children.
It is further understood maps of suburbs were allegedly found in Marshall’s cell, along with other clippings listing the names and ages of children.
Marshall, 44, is due to face court again on April 1 as part of his continuing application to be released from custody.
Since 2011, the court has been considering the licence conditions under which Marshall can be released.
He has a history of sex offending dating back to June 1987 and has been jailed since 2009, when he was declared unwilling to control his urges.
In 2011 the Supreme Court ordered he be released on licence but the Parole Board objected, saying 34 proposed residences were too close to schools and childcare centres.
In February last year, the court heard a taxpayer-funded team of eight public servants was working to find a safe home for Marshall .
In August, The Advertiser reported police concerns that Marshall had a “consistent” and “disturbing” lack of insight into his prior offending and the danger he poses.
That story was published after Office of the Director of Public Prosecutors requested it be deleted from The Advertiser’s website, wrongly claiming the concerns had been raised in a closed-court hearing .
In November, Marshall’s two psychiatrists warned a poor public reaction to his release could cause him to regress to the same “vulnerable” state that had preceded his prior offending .
They said the potential risk Marshall posed to the community was “acceptable” and “as good as it’s going to get”, and warned his release must happen “now or never”.
In December, the court heard legislative changes had made public safety the most important factor in determining whether Marshall should be released .
A month later, lawyers for Commissioner for Victims’ Rights Michael O’Connell said that, if released, Marshall’s address should be made public to enhance public safety .
Attorney-General John Rau subsequently announced he would personally intervene in the case in support of the changed law, and the legal test that must be applied to define community safety.
Last month, the court heard the result of the State Election may affect whether that intervention went ahead .
However, Opposition Legal Affairs spokesman Stephen Wade told The Advertiser said a Liberal Government would instruct solicitors “to appear in court in support of community safety”.
Today, a Department for Correctional Services spokesman today confirmed “an incident had occurred” involving Marshall, but could not give details due to privacy laws, or reveal when the search occurred.
The spokesman also confirmed the matter was “now the subject of a police investigation”.
An SA Police spokeswoman said detectives were working with correctional services staff to investigate the matter

www.adelaidenow.com.au (18-3-2014)
Sean Fewster
http://www.adelaidenow.com.au/news/south-australia/photos-names-of-children-allegedly-found-in-cell-of-serial-sa-pedophile-mark-trevor-marshall/story-fni6uo1m-1226858436244


SA court told State Election may affect whether pedophile Mark Trevor Marshall stays in jail

Next month’s State Election could affect whether serial pedophile Mark Trevor Marshall remains behind bars, the Supreme Court has heard.
Attorney-General John Rau has vowed to intervene in the long-running case, but government lawyers today warned the court their position “may change” by the next hearing in April.
Justice Trish Kelly said she wanted answers to her questions about Mr Rau’s intervention, regardless of politics and elections.
“You’re not going to file paperwork (in the case) and then leave the court to decide,” she said.
“If you throw the ball in the air, you have to be there to catch it.”
Since 2011, the court has been considering the licence conditions under which Marshall, 44, can be released.
He has a history of sex offending dating back to June 1987 and has been jailed since 2009, when he was declared unwilling to control his urges.
In 2011 the Supreme Court ordered he be released on licence but the Parole Board objected, saying 34 proposed residences were too close to schools and childcare centres.
In February last year, the court heard a taxpayer-funded team of eight public servants was working to find a safe home for Marshall.
In August, The Advertiser reported police concerns that Marshall had a “consistent” and “disturbing” lack of insight into his prior offending and the danger he poses.
That story was published after Office of the Director of Public Prosecutors requested it be deleted from The Advertiser’s website, wrongly claiming the concerns had been raised in a closed-court hearing .
In November, Marshall’s two psychiatrists warned a poor public reaction to his release could cause him to regress to the same “vulnerable” state that had preceded his prior offending .
They said the potential risk Marshall posed to the community was “acceptable” and “as good as it’s going to get”, and warned his release must happen “now or never”.
In December, the court heard legislative changes had made public safety the most important factor in determining whether Marshall should be released.
A month later, lawyers for Commissioner for Victims’ Rights Michael O’Connell said that, if released, Marshall’s address should be made public to enhance public safety .
Last week, Mr Rau announced he would personally intervene in the case in support of the changed law, and the legal test that must be applied to define community safety.
Today, Justice Kelly said the matter should proceed to a full hearing in April.
“It seems appropriate to set this matter down for further oral argument in light of the Attorney-General’s submissions, which I have read and digested,” she said.
“I certainly wish to hear further from the Attorney-General as to his submissions ... I’ve got some questions I want to ask.”
Solicitor-General Martin Hinton, SC, for Mr Rau, agreed to the date.
“Can I just say that, by April, my instructions may very well have changed,” he said.
Justice Kelly said she appreciated Mr Hinton’s position.
“However, with you having put submissions I want to put questions to you — whatever your instructions are,” she said.
Mr Hinton replied he would “do all that I can.”
Justice Kelly remanded Marshall — who appeared by video link — in custody until April.
This afternoon, Opposition Legal Affairs spokesman Stephen Wade said a Liberal Government would instruct Mr Hinton to appear in court in support of community safety.
“The Opposition is deeply concerned at the risk that serial sex offenders pose to children in our community,” he said.
“We welcomed the Commissioner for Victims’ Rights initiative in raising community safety concerns in the Supreme Court in January and will reinforce the importance of those concerns if elected on March 15.”

www.news.com.au (27-2-2014)
http://www.news.com.au/national/south-australia/sa-court-told-state-election-may-affect-whether-pedophile-mark-trevor-marshall-stays-in-jail/story-fnii5yv4-1226839329880


South Australia Attorney-General John Rau to intervene on serial paedophile Mark Trevor Marshall

Attorney-General John Rau will ask the Supreme Court to ensure community safety is considered before a serial paedophile is released.
In what he admitted was an “unusual” move, Mr Rau will make a submission to Justice Trish Kelly, who is considering the licence conditions under which Mark Trevor Marshall can be released from prison.
The submission will urge Justice Kelly to consider a community safety test to be the paramount point when deciding whether or under what conditions Marshall should be released on licence.
“I made a request to Her Honour that I be permitted to make submissions in this matter. Her Honour has indicated that she will receive a submission in writing,’’ he said.
“Whether or not I’m ever called to attend in person is a matter for her.
“This case marks the first test of new laws which make a community safety test paramount.
“I will also make submissions in regard to the nature of information to be provided to the community, if this individual is to be released.
“Mr Marshall is a notorious paedophile.”
Marshall, 44, has a history of sexual offences dating back to 1987 and reoffended against children within a year of being released from prison on three occasions.
He has been in jail since 2002, after he tried to have developed nine films containing images of a three-year-old girl he encouraged to pose in sexual positions.
He was jailed indefinitely in 2009 when he was declared unable or unwilling to control his sexual urges.
In 2011 the Supreme Court ordered Marshall to be released on licence but the Parole Board objected, saying 34 proposed residences were too close to schools and childcare centres.
Late last month, Victims’ Rights Commissioner Michael O’Connell made a submission to the court stating that Marshall represented an unacceptable risk to the community .
Mr Rau told ABC Radio this morning that he changed the law to include a community safety test because he had concerns “generally about people who finish their sentences and yet continue to be a risk to the community”.
“I changed the law in relation to the test the court had to consider, whether they kept these potentially dangerous people in custody even though they’re no longer serving a sentence and the test was changed to be a community safety test rather than in all the circumstances test, the idea being the bar should be higher so that it’s very clear to the court they have to think of the community first and foremost in every element,’’ he said.
Marshall’s pending release was the first case where the new laws could be exercised, he said.
“I think it’s important the court understands exactly what my view as Attorney-General is about the matter,’’ he said.
“It is my intention that the court be having their attention focussed on what the information that either potential neighbours or people in the area should be provided with and in what circumstances as part of any order, if the court is minded to release this particular person.”
Mr Rau said he believed that if Marshall was released it was appropriate the court impose conditions on his movements and how people were informed about his whereabouts.
Opposition justice spokesman Steven Wage to the ABC he didn’t mind the Attorney-General putting the Government’s view to the court but said that was normally done through the Crown Law offices.
“In this case the commnuity safety issues was aleady canvassed in a hearing in January ... it is bemusing why the Attorney-General is intervening now and not then.”
Mr Rau denied he was grandstanding during an election campaign.

www.news.com.au (19-2-2014)
http://www.news.com.au/national/south-australia/south-australia-attorneygeneral-john-rau-to-intervene-on-serial-paedophile-mark-trevor-marshall/story-fnii5yv4-1226831446793



SA court told new laws mean public safety comes first in decision to release paedophile Mark Trevor Marshall (4-12-2013)


Court told sex offender can't be housed

Authorities so far had dismissed more than 30 properties as unsuitable to house a convicted child sex offender who had been granted release from custody, the South Australian Supreme Court was told.
Mark Trevor Marshall, 43, has a history of child sex offences and was jailed indefinitely in 2009, after the court ruled he was incapable or unwilling to control his sexual urges.
In 2011, a Supreme Court judge allowed his release on licence if appropriate accommodation could be found.
Prosecutor Pauline Barnett told the latest hearing dozens of properties had been ruled out.
"The problem in terms of finding suitable accommodation has continued. We're now at house number 34. All of the houses have, for one reason or another, proven unsuitable," she said.
"The accommodation is a problem for two reasons: one, obviously the community protection, the house has to be away from schools and childcare centres.
"The other problem is Mr Marshall, his own personal security is at risk or could be at risk in relation to those people who do not want to see him released. It's very tricky."
She said police and Housing SA were trying to help.
"There is a steering group of eight people trying to work with Housing SA, trying to work with the police and the offender management program to secure this," she said.
Defence lawyer Zoe Lewis said Marshall was distressed by the lack of progress.
"Although there has been some progress, there has been no indication of an end date to this," she said.
Another hearing has been scheduled for April.

www.abc.net.au (22-2-2-13)
Loukas Founten

http://www.abc.net.au/news/2013-02-22/court-told-sex-offender-cant-be-housed/4534242/?site=adelaide



Paedophile release has families in fear

The family of an alleged child abuse victim says wounds will be reopened if a paedophile is released.
Mark Trevor Marshall, 41, has a record of abusing children since June 1987 and his pending release just two years after the Supreme Court jailed him indefinitely has raised safety fears among his victims.
A family member of one of his alleged victims, who asked to be called "Sue", told The Advertiser her family had received no justice.
"So much for an indefinite term," she said. "All my family members who have been affected by this man are now adults who had began to heal two years ago believing that he was jailed indefinitely. Now the wounds have been reopened."
In 2009 Marshall was deemed unable or unwilling to control his sexual urges by Justice Margaret Nyland who subsequently imposed an indefinite prison term.
Last month Justice Nyland ruled Marshall could apply for release once appropriate accommodation was found, but not before last Friday.
The Advertiser understands Marshall is likely to be released from jail in the next few weeks once details, including accommodation, are finalised.
Sue said her family was still struggling to come to terms with Marshall's actions.
"I'm not getting any justice for my family ... it's not just our family, it's every other child he has abused."
Parole Board chairwoman Frances Nelson, QC, said Marshall's conditions had been presented to him and were "extremely stringent".
She said specific conditions included no contact with anyone under 16, no internet access and close supervision.

The Adelaide Advertiser (29-8-2011)
Hannah Silverman
http://www.adelaidenow.com.au/news/south-australia/paedophile-release-has-families-in-fear/story-e6frea83-1226124050273


Sexual predator Mark Trevor Marshall could be released into community

A serial pedophile jailed indefinitely for being unwilling to control his sexual urges could be released from custody.
Supreme Court Justice Margaret Nyland today said she would allow Mark Trevor Marshall to apply for his release if appropriate accommodation was confirmed.
"Let's hope for your sake and the community you can get yourself sorted out and you don't have to see yourself back in jail again," she said.
Marshall, 41, has been sexually abusing children since at least 1987.
He will have to satisfy the Parole Board he is suitable for release from prison.
The last time he was released into the community he sexually abused children three times within a year.
Justice Nyland jailed Marshall indefinitely as an uncontrollable sexual predator in 2009.

AdelaideNow (15-7-2011)
Hannah Silverman
http://www.adelaidenow.com.au/news/south-australia/sexual-predator-mark-trevor-marshall-could-be-released-into-community/story-e6frea83-1226095334335

Caught with child porn in jail cell

A serial paedophile on the cusp of release from Yatala Prison has been caught stockpiling child pornography in his cell.
Mark Trevor Marshall, who was labelled by Justice Margaret Nyland as "incapable of controlling his sexual instincts", was found in possession of unauthorised material on Wednesday.
His cell, in B-Division which houses general population prisoners, was then searched and more items, understood to be CDs holding child porn images, were found.
The matter is now the subject of police investigations.
"I can confirm that there was a search at Yatala Labour Prison involving a prisoner being found in possession of unauthorised material," Department for Correctional Services chief executive Peter Severin said yesterday.
"The prisoner's cell was subsequently searched, which resulted in a number of additional items being found."
Marshall has an extensive history of abusing children since June 1987 and in 2009 was jailed until further order by Justice Nyland.
"I am satisfied that at the date hereof the respondent (Marshall) is incapable of controlling his sexual instincts and is also unwilling in that there is a significant risk that he would, given an opportunity to commit a relevant offence, fail to exercise appropriate control of his sexual instincts," she said in her judgment at the time.
"At the present time there is a significant risk of the respondent re-offending and until appropriate treatment is provided to him the respondent represents a continuing danger to the community."
In July, Justice Nyland ruled Marshall could apply for release once appropriate accommodation was found, but he has yet to be released.
Marshall's family yesterday said they felt both shock and relief at the latest revelation.
Judith Jones, whose grandchildren were allegedly abused by Marshall, said the discovery should mean he is not released back into the community.
"If he can offend in jail, he can most definitely offend outside jail," she said.
"This is sick behaviour. Doing this shows that he cannot be rehabilitated and there's no remorse. He deserves to be locked up indefinitely."

The Adelaide Advertiser (3-12-2011)
Bryan Littlely/ Hannah Silverman/ Tom Dougherty
http://www.adelaidenow.com.au/caught-with-child-porn-in-jail-cell/story-e6frea6u-1226212747518

MAKO/Files Online.. Listing Australian Convicted Paedophiles/ Sex Offenders/ Child Killers.. FREE Public Service..








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