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Pedophile Keeps Compo Payout

A PEDOPHILE will be allowed to keep his $175,000 compensation payout awarded after he was bashed in jail.
The Court of Appeal has just handed down a decision allowing Peter Andrew Bujdoso to keep the money despite a State Government appeal that he be refused access to the money.
Bujdoso last September won a Supreme Court battle to keep the money in damages after being assaulted in Sydney's Silverwater Jail.
He had been serving a two-and-a-half year term for child sex offences when he was bashed by fellow inmates.
Bujdoso had refused protective custody while he was in jail.
The former teacher suffered brain damage when a group of masked men broke into his cell and attacked him with metal bars.
After his release from jail in 1992 he sued the NSW government for negligence, claiming prison authorities knew he was likely to be targeted but failed to adequately protect him.
He was awarded the $175,000 payout by the district court in July, 2006, and was granted immediate access to the money by the Supreme Court on September 5.
Justice Minister Tony Kelly ordered the case be appealed, saying the court decision had overruled "important legislation" which meant the money should have been frozen for six months to enable Bujdoso's victims to sue for a share of the money.
In a judgement handed down by Justices David Hodgson, David Ipp and John Basten today, the application was dismissed with the government ordered to pay costs.

Daily Telegraph (13-3-2007)
Lisa Davies
 

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Bashed Pedophile Can Access Compensation

Convicted pedophile Peter Bujdoso has been granted the right to access $175,000 in compensation received for being bashed in prison.
The money had been placed in a trust fund because legislation allows victims to make claims to damages payments received by prisoners.
But because of a legal technicality the legislation, though retrospective, did not apply to Bujdoso, his lawyer had argued.
Today's Supreme Court ruling was, however, stayed for 28 days to allow the NSW Government to appeal.
But Bujdoso's lawyer expressed concern the 28-day stay would also allow the Government to introduce further retrospective legislation to ensure the loophole was mended.
AAP reports: Bujdoso was serving a 2-year term for child sex offences when he was bashed in Silverwater Jail in 1991.
The former teacher suffered brain damage when a group of masked men broke into his cell and bashed him with metal bars.
Bujdoso, who was released from prison in 1992, sued the NSW government for negligence, claiming prison authorities knew he would likely be targeted by other inmates but failed to adequately protect him.
In July, the 54-year-old was awarded damages of $175,000 by the NSW District Court.

AAP (5-9-2006)

Convicted Paedophile Fights To Keep Payout

A convicted paedophile who was awarded compensation for being bashed in a Sydney jail has launched Supreme Court action to be allowed to keep the money.
In 1991, Peter Andrew Bujdoso was serving a two-and-a-half-year sentence for child sex offences when he was seriously assaulted by other inmates.
The High Court ruled the state had failed to properly protect Bujdoso, and last month the District Court awarded him $175,000 in compensation and damages.
The State Government said that under civil liability legislation, the money would first be paid to the public trustee so that Bujdoso's abuse victim would be able to apply for part of it.
But in the Supreme Court today, lawyers for Bujdoso have argued that the legislation does not apply to the 54-year-old and that the state should pay him the money.

www.adc.net.au (16-8-2006)

Jail Bashing Compo Bid

A convicted paedophile who was bashed in jail was yesterday given the right to pursue compensation up to $750,000.
The high court ruled the NSW Government was liable for his injuries.
Peter Andrew Bujdoso's skull was fractured during the attack in September 1991, when up to four masked men broke into his room at Sydney's Silverwater Jail and attacked him with metal bars.
Now 53, he was serving a minimum 2 1/2 year sentence after pleading guilty to sexually assaulting a 14 year old boy. Bujdoso sued the Department of Corrective Services in the NSW District Court for negligence.
After the court ruled the Government was not liable for the injuries, he challenged the decision in the state's Court of Appeal, which referred the case back to the District Court to determine damages.
The Court of Appeal found the state breached the duty of care, knowing Bujdoso was at risk but failing to protect him.
Bujdoso was taunted and in March 1991 escaped injury when attacked by a prisoner.
Prison officers also knew that he had received a threatening letter at Silverwater.
Bujdoso, who did not want to be in protective custody, applied to be moved to the work release area where he felt he would be safe. But the guard at the work release units was not told of the threats and a more secure lock was not put on Bujdoso's door.
The NSW Government sought to overturn the decision in the High Court but the full bench unanimously dismissed its appeal yesterday.

Herald Sun (9-12-2005)
Kim Arlington

Paedophile Wants $750,000 For Assault

BINNAWAY: Peter Andrew Bujdoso is a former teacher and convicted paedophile.
On Monday, Bujdoso's lawyers will try to claim up to $750,000 in compensation after he was bashed in a Sydney jail after he refused to be placed in protective custody.
The prospect of Bujdoso receiving compensation has outraged his victim a teenage boy at the time he was assaulted and residents of the tiny town of Binnaway in the state's Central West.
Bujdoso, 52, who lives on a sprawling, junk-filled property, is shunned by most of the 500 residents and has been banned from three of Binnaway's four pubs.
There is no evidence to suggest Bujdoso has reoffended since his release from jail. He has made every effort to turn his life around.
However, some Binnaway residents yesterday expressed their disgust at Bujdoso's District Court compensation case.
"If he gets any money there is going to be trouble here," the publican of Binnaway's Royal Hotel, Joanne Reedman, said.
Bujdoso was jailed for 2 years in 1990 after pleading guilty to three counts of child sexual assault.
While serving his sentence in Silverwater the following year, Bujdoso received threats from inmates but declined an offer to be transferred to protective custody.
The following month balaclava-clad inmates broke into his cell and attacked him, leaving him with a fractured skull and broken thumb.
Bujdoso yesterday admitted he was unpopular in some sections of his community, but denied the entire town was against him.
"There are some people who will not change, I accept that, but I do feel my children should be allowed to grow up here. They're good kids, they shouldn't be blamed for the sins of their father."
Bujdoso said he had tried to find work that would not allow him access to children.
"I've chosen a direction in life now where I do not have contact with children," he said.
"It's better than trying to be a gardener at a school."
Bujdoso lost his first compensation case but in September this year, the NSW Supreme Court overturned the original decision.
Justice David Ipp found Bujdoso should be able to seek compensation on the grounds of the negligence of prison officials.
Last month the State Government announced it would appeal to the High Court to stop any payment reaching Bujdoso.

Daily Telegraph (3-12-2004)
Brad Clifton

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