The Queensland Attorney-General is fighting to keep a man who drugged and raped a German backpacker in shearers quarters in jail as he nears the end of his sentence.
Peter John Van de Wetering was sentenced to nine years in jail in 2016 and declared a serious violent offender after pleading guilty to crimes that could easily have been the script of a horror movie.
He is set to be released from jail on October 6 this year.
Attorney-General Yvette D’Ath launched a Supreme Court bid earlier this year to keep Van de Wetering behind bars.
Her application is before the courts, with a hearing date set for September 11.
In August 2013, Van de Wetering communicated with a then 19-year-old German backpacker, who had only been in Australia for two weeks.
She answered an ad published by Van de Wetering using a false name looking for a nanny on a farm outside Stanthorpe, Queensland.
Van de Wetering organised a bus ticket for the young woman after the pair agreed he would collect her at Cottonvale bus stop.
When the backpacker arrived, Van de Wetering was wearing a wig, fake beard and fake moustache.
During their drive back to the rural property, Van de Wetering offered the woman some chocolate, but she didn’t eat it without his knowledge.
The chocolate had been drugged in an attempt to stupefy the woman.
When the pair arrived at the property, which was abandoned, Van de Wetering tied the woman’s hands together before tying her to a bed, where she struggled against him in a bid to free herself.
He then forced her to eat more of the drugged chocolate, which quickly took effect and the woman became unconscious.
Hours later, the woman woke up and found herself abandoned on the side of the road.
She still had her phone, which she used to call her sister in Germany.
Police were then called and an investigation was launched into tracking down Van de Wetering.
He was arrested in October 2014 in Sydney.
The investigation found Van de Wetering had months of planning before he carried out the attack on the German backpacker, including buying a wig, fake beard and fake moustache.
Judge Terry Martin sentenced Van de Wetering to nine years in jail in 2016 for kidnapping, rape, attempted rape, deprivation of liberty, sexual assault, common assault, stealing, administering a stupefying drug and attempting to stupefy.
Now, Ms D’Ath has applied for Van de Wetering to remain in jail after his release date or at least placed under a conditional supervision order that may include electronic monitoring.
The application is relying on evidence given by two forensic psychiatrists, who separately assessed Van de Wetering for parole, and the Crown earlier this year.
Both psychiatrists recommended against his release because of his high risk of reoffending.
The matter was briefly mentioned on Monday when Van de Wetering’s barrister, Carl Tessmann, objected to the two psychiatrists’ reports.
Mr Tessmann said their expert conclusions relied on knowledge about charges Van de Wetering had never been convicted over.
Van de Wetering had previously been tried in 2015 over an alleged 2007 drugging and rape of a woman from the UK who was backpacking Australia.
The 2015 trial had resulted in a hung jury.
Van de Wetering was also found not guilty of using a stupefying drug.
Mr Tessmann said he objected to both psychiatrists’ reports because they had taken into account “all the factual allegations” related to the 2007 incident that Van de Wetering was charged “but never committed”.
“ … (They) are matters relating to offences he was charged but not convicted. It seems to be quite significant matters that were taken into account by the psychiatrists,” Mr Tessmann said.
“Those matters shouldn’t form part of the submission.”
Barrister Jeffrey Rolls, who is acting on behalf of the Attorney-General, said his client would need to consider the objections raised.
“It may well be that a case was canvassed … and the psychiatrists had regards to a statement without having regard to the truthfulness of the statement,” he said.
Justice Lincoln Crowley adjourned the matter for one week to allow Mr Tessmann to further prepare his objections.
“Given the date for the full-time expiry, I am wanting to keep the date of September 11 at least for the hearing of this argument,” Justice Crowley said.
The Queensland Attorney-General has the right to apply to the courts under the Dangerous Prisoners (Sexual Offenders) Act 2003 to keep certain people locked up if they’re found to be a risk to society.