A paedophile convicted of sexually abusing young girls in the South East of NSW has had his sentence delayed for a second time this year while he recovers from prostate cancer surgery.
On June 2, Neil Duncan was convicted in the Queanbeyan District Court on eight counts of sexually touching three girls under the age of 16 in the Bega Valley and Kosciuszko National Park in 2019.
The 67-year-old's sentencing was delayed in August so he could undergo surgery for prostate cancer and tests for possible bowel cancer in September.
The former Bega Valley resident didn't speak when he appeared on Monday via audio-visual link in the District Court in Sydney from his home in Tamworth, where he is recovering from surgery.
The court heard that he was advised not to travel by his doctor for health reasons.
Due to his inability to attend court in person, the matter was adjourned until November.
Duncan will remain on bail until then.
Controversy over bail decision
A decision by Queanbeyan District Court Judge Robyn Tupman to grant Duncan bail ahead of sentencing caught the attention of NSW Attorney-General Mark Speakman in June, who requested the Director of Public Prosecutions review the decision.
Duncan was arrested at a Narrabri Pony Club event a week after his conviction but was re-released after an allegation he breached his bail conditions could not be proven.
Duncan was also mentioned in a speech in the NSW parliament ahead of a decision to amend NSW's Bail Act, with changes to the Act then coming into effect on June 27.
The changes mean a judge is now required to refuse bail following conviction and before sentencing for an offence where the accused would be sentenced to full-time imprisonment unless exceptional or special circumstances can be proven.
However, the Supreme Court dismissed a detention application by prosecutors in July after Duncan's lawyer told the court that he had previously been diagnosed with cancer and required surgery, which fell under "special circumstances".
Judge Tupman then adjourned his sentencing in August so Duncan could undergo his surgery in September.
Sentencing date dependent on court schedule
In court on Monday, both the prosecution and defence made their final submissions.
Duncan's lawyers argued that media coverage of the case should be taken into account when Judge Tupman considered her judgement and said the coverage had caused his family "hardship".
The judge told the court that some previous media reports had incorrectly asserted that Duncan breached his bail in Narrabri and that those reports had not been corrected since that time.
The 67-year-old will have to attend court in person, either in Sydney or in Tamworth, but Judge Tupman noted the date might be changed depending on other court commitments.
