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National
Candice Prosser

Paedophile seeking release sees himself as a hero, court told

A serial child sex offender seeking release from his indefinite jail order "sees himself as a hero, as saving children", a psychiatrist has told the Adelaide Supreme Court.

Mark Trevor Marshall was jailed indefinitely in 2009 after being declared unwilling or unable to control his sexual urges.

Marshall has been seeking supervised release into the community.

Forensic psychiatrist Dr Owen Haeney told the court Marshall showed very little insight into his offending.

"He sees himself as a hero, as saving children," he told the court.

When questioned by prosecutor Lucy Boord, Dr Haeney said there was still a danger Marshall would reoffend if released into the community.

Ms Boord: Does he see himself as a risk to children?

Dr Haeney: No, he doesn't.

Ms Boord: Do you see Mr Marshall as a risk to children?

Dr Haeney: I think it's difficult to come to any conclusion other than there is still a significant risk.

Dr Haeney said lengthy treatment including sessions with psychiatrists had proved unsuccessful in Marshall's case.

"There has been very limited change in a number of those risk factors, therefore potentially there is still a significant risk of further harm," he said.

Marshall 'denied' sexual interest in children

Dr Haeney said Marshall denied having any sexual interest in children and also denied offending against children.

"He felt it was unfair he was still in prison, he really felt he had done very little wrong but he understood I think the gist of the order holding him in prison," he said.

"I think Mr Marshall doesn't feel that he has offended against children, he feels he has an affinity for children, that he has the ability to become close to children, that he reciprocates their affections towards him, that many of the what we say are offences have been triggered by the children asking Mr Marshall for that behaviour."

Dr Haeney said there was "an element of unwillingness to change" and "a lack of capacity to change" given the extensive treatment Marshall had already undergone in prison.

The court heard another psychiatrist had diagnosed Marshall with pseudologia fantastica, a rare and unusual diagnosis.

Dr Haeney agreed that Marshall demonstrated delusional thinking and pathological lying.

Marshall, who is representing himself in court, asked a series of long-winded questions of Dr Haeney.

Psychiatrist's report not factual: Marshall

He accused Dr Haeney of telling "a total lie" in his report, which he said was "not a factual report".

"Do you see me as some kind of psychotic idiot?" he asked Dr Haeney.

Marshall said: "In the report you seem to take the negative on everything I said and just enhance on that."

After many lengthy statements and questions, Justice Ann Vanstone told Marshall he had to get to the point.

"I'm not going to let this questioning of Dr Haeney continue because it is pointless," Justice Vanstone said.

Lawyer Anthony Allen, representing Victims Rights Commissioner Michael O'Connell, gave a social impact statement to the court detailing the devastating and long-lasting effects of child sexual abuse.

Mr Allen told the court Marshall had a "catastrophic inability to comply with orders of the court" and a "breathtaking lack of insight" into his offending.

"It's ultimately submitted by the commissioner that the applicant is not an appropriate risk and paramount consideration of safety and protection of the community means the application should be dismissed," Mr Allen said.

Final submissions will be made to the court later this month.

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