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Australia Arrest warrant issued after convicted rapist skips court

00:16  08 october  2019
00:16  08 october  2019 Source:   abc.net.au

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An arrest warrant has been issued after a man who served 12 years in prison for bashing and raping two tourists in WA's far north breached his post-sentence Convicted rapist David Gundari breached his when he failed to appear in court last week and there is now a warrant out for his arrest .

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a glass door: David Gundari was sentenced to 12 years imprisonment for bashing and raping two backpackers. (ABC News)© Provided by Australian Broadcasting Corporation David Gundari was sentenced to 12 years imprisonment for bashing and raping two backpackers. (ABC News)

A man who served 12 years in prison for bashing and raping two tourists in WA's far north has breached his post-sentence supervision order and failed to appear in court.

An arrest warrant has been issued for 45-year-old David Gundari, who pleaded guilty to two attacks in 2006 where he dragged the women to secluded parts of the Old Broome area before violently assaulting them.

One of the victims was left with a fractured jaw, eye socket and cheek bone after she was knocked unconscious.

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Arrest warrants have been issued for the fugitives, according to court records, and the Canada Border Services Agency has been asked to investigate if and After the two men were convicted , they failed to show up for court dates in July and August, and in turn, have eluded sentencing.

The other had two teeth knocked out and received lacerations to the top of her head.

At the time, Judge Antoinette Kennedy said the attacks were extremely violent and Mr Gundari posed a significant risk to the community.

He was released last year after serving the entirety of his sentence, despite the Prisoners Review Board finding he had unmet treatment needs and still posed a medium to high risk of reoffending.

He was due to face the Wyndham Magistrate's Court on Thursday accused of breaching his order but he did not appear.

Mr Gundari is now believed to be in the Northern Territory.

Community protection 'paramount'

Post Sentence Supervision Orders (PSSO) were introduced in July 2017 as a way to protect the community when prisoners were released after committing serious violent offences.

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The orders are issued by the Prisoners Review Board, which operates independently from Government, and are enforced by community corrections officers from the Department of Justice.

A range of factors are weighed up when the board implements a PSSO but the safety of the community is the paramount consideration.

When assessing Mr Gundari, the board found he lacked insight and would often normalise violent behaviour.

He had been recommended to complete a High Intensity Indigenous Program but it was not available.

The board also noted he had a "poor response to prior community supervision" and did not have protective strategies in place to reduce his risk of reoffending.

"The board is of the opinion that a period of community supervision will enable further work to be undertaken by Corrective Services to address your outstanding treatment needs and reduce the risk of you committing a serious violent offence and the risk that poses to the safety of the community," the Prisoners Review Board said.

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A bench warrant for his arrest was issued in his absence when he failed to turn up. Gardai arrested the 54-year-old brute on Saturday and he is now back in custody. Dylan was abused by the evil beast over a two-year-period and came forward so that rapist would be publicly shamed for what he did.

War of words

Mr Gundari's order had several requirements, including abiding by a curfew, not consuming alcohol, and attending programs and counselling as directed.

The Department of Justice refused to comment on the individual circumstances, but a spokesperson said any PSSO breaches were reported to the police.

"If an offender subject to a PSSO fails to comply with a requirement of the order, whether in Western Australia or another state, then the matter is reported to WA Police, who then have the jurisdiction to action and charge the offender for non-compliance," the department said.

The penalty for breaching a PSSO is three years' imprisonment.

Attorney-General John Quigley would also not comment about the case, but a spokesperson said reforms to the proposed High Risk Offenders Bill would "minimise the constitutional vulnerabilities of the PSSO scheme".

"Under these reforms, a high-risk offenders board will be established and the Supreme Court's ability to make a continuing detention order or supervision order to serious violent offenders in the same manner as the provisions contained in the Dangerous Sexual Offenders Act will be extended," Mr Quigley said.

"By expanding the current cohort of offenders under the Dangerous Sexual Offenders Act to include offenders who commit serious violent offences, we are making our community even safer and protecting the most vulnerable from sexual predators and violent criminals."

Mr Gundari was not registered as a Dangerous Sexual Offender.

Shadow Attorney-General Michael Mischin demanded answers.

"Attorney-General Quigley needs to explain whether Gundari was properly supervised and whether the authorities reacted promptly to his breaching his conditions," Mr Mischin said.

"He needs to explain what has been, and is being, done to control this criminal and bring him to justice.

"Whether it is the Kimberley, Kalgoorlie or elsewhere, dangerous offenders should not be released into the community unless they can be properly supervised and controlled."

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