6 In addition, the Secretary filed and relied upon two other reports. This is authorised by s.11(3)(b). The first report was that of Professor Mullen, Professor of Forensic Psychiatry at Monash University, received by Corrections Victoria on 20 January 2006. The second report was that of Professor James Ogloff, Professor of Clinical Forensic Psychology at Monash University dated 31 March 2006. The Court has closely considered the contents of those reports.
7 The respondent's solicitors obtained a report from Dr Danny Sullivan, Consultant Forensic Psychiatrist. He opined that Mr Fletcher was "at moderate risk of future offending".
8 In addition to the reports that were before the Court, there was an affidavit of the solicitor, Ruth Goonan, on behalf of the Secretary, which exhibits much material relating to Mr Fletcher. The Court has considered some of the material.
9 The starting point is the reasons for judgment of Harper J delivered on 4 March 1998. In addition, there is a statement of Mr Ian Martin Webb, Senior Prison Officer at Ararat Prison. Part of his duties includes monitoring prisoners' mail, both incoming and outgoing. The evidence reveals that Mr Fletcher has regularly received mail from overseas, particularly Ghana in West Africa. He has also written to a number of people in Ghana. In December last year some six bundles of correspondence were seized by Mr Webb. Apparently, Mr Fletcher was proposing to send the correspondence to persons in Ghana. Some of the contents are disturbing. They indicate that Mr Fletcher advocates activities which, if they occurred in this State, would be crimes and, on any view, amount to improper and unacceptable conduct.
10 The material does clearly raise concerns about Mr Fletcher's future conduct. He is represented by experienced solicitors and counsel in the present proceeding and he has agreed that an extended supervision order should be made against him for a limited period. I must say on material that I have seen the concession made was appropriate in all the circumstances.
11 The period of an extended supervision order may be up to 15 years and the parties have agreed, subject of course to the Court's views, that the appropriate period should be five years. The Act provides for a review of an extended supervision order and the parties have agreed that the provisions of s.21(1) should apply.
12 I raised with counsel the question whether review ought not to be earlier than three years. However, it has been pointed out that the Secretary does have power under s.21(2) to apply to the Court for a review at any time and, secondly, by reason of s.21(3), Mr Fletcher, with the leave of the Court, may apply to the Court at any time for it to undertake a review of the order.
13 On the material before the Court, the Court is satisfied to a high degree of probability that the offender is likely to commit a relevant offence if released into the community. Accordingly, the Court is prepared to make an extended supervision order for a period of five years subject to the usual conditions prescribed by the Act.
14 One matter that is central to any application under this Act is the question of what the future may hold. The Court carefully considers the past, and in particular the offender's period in gaol, with particular reference to any rehabilitation. This may provide evidence as to what the future may hold, but the Court does not have the benefit of any evidence of a situation where the offender is not subject to close monitoring and supervision that takes place in the gaol.
15 The next three years will provide some evidence of Mr Fletcher's attitude and approach in the community, subject to monitoring. The Court should proceed in a case such as the present with caution. Mr Fletcher's behaviour leading to his conviction and sentence is a matter of concern and his attitude in gaol and the writing of letters to people in Ghana show a man who believes that the offending behaviour in the past was permitted by his religious views, and that the unusual and improper practices that he preaches to the addressees in Ghana are also accepted by his religion. Time will tell whether he learns that that type of conduct is not acceptable in this State. His conduct in the community will be monitored under this extended supervision order.
16 In the circumstances, I am prepared to make the orders agreed to by the lawyers representing the parties.
17 I make the following declarations and orders: