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.
THE family of an alleged child abuse victim says wounds will be reopened if a paedophile is released.
Paedophile release has families in fear
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.
Serial pedophile 'regresses to childhood when stressed'
A REPEAT child sex offender who "regresses to an infantile state" when under stress could be jailed indefinitely by the Supreme Court.
Mark Trevor Marshall, 39, has a long history of sex offences but is currently in custody for two counts of inducing a child to expose their body.
The Director of Public Prosecutions is seeking to have Marshall sentenced to indefinite detention on the basis he is an uncontrollable sex predator.
Today, the head of Forensic Mental Health Services SA, Dr Ken O'Brien, told the court Marshall regresses to a child when he is faced with stress and seeks comfort from children.
"He regresses to a childlike or infant-like state and in its most extreme forms I've seen him like this, not in the recent past but in the more distant past, curling up in a fetal-like position," Dr O'Brien told the court.
Dr O'Brien told the court Marshall was not a predatory sex offender because he sought children for reasons other than sex.
"Mr Marshall doesn't quite fit into that, he needs children for companionship and for emotional security and his offending tends to occur in that setting.
"At the end of the day, of course, the result may be much the same in that he keeps the company of children, because of his pedophilic urgings sooner or later an offence might take place."
He said while he had noticed Marshall's maturity was improving, he remained incapable of controlling his sexual instincts towards children.
"The question is whether it's an acceptable risk... if you were to ask me right now where he is without any therapeutic opportunity, I would probably have to say he remains incapable."
Dr O'Brien said Marshall also suffers from borderline personality disorder and chronic post-traumatic stress disorder.
The court also heard from Prison Fellowship volunteer David Hall, who visits Marshall weekly.
The hearing is continuing.