A man labelled Western Australia’s worst serial sex predator could be months away from being released into the community after prosecutors did not apply for a continuing detention order during a Supreme Court hearing regarding his release on Wednesday.
Dennis John McKenna, 81, was convicted of the systemic abuse of almost 30 boys at St Andrew’s Hostel in Katanning, where he worked between 1957 and 1990, including as warden from 1976.
He is serving his second jail term for molesting students, which comes to an end on November 17.
Ahead of that sentence expiration date, a Supreme Court hearing discussed McKenna’s possible release on Wednesday, where psychiatric experts gave evidence about his potential to reoffend.
Prosecutor Brett Tooker said there were two options for McKenna; a continuing detention order, which would mean he could not leave prison, or a supervision order with strict conditions that he would have to abide by.
“The state submits there is an unacceptable risk that he will commit a serious offence and commit a sexual offence against a male child,” Tooker told the court.
“We will submit it is necessary to impose a restriction order given the risk to the community and the nature of the harm involved.
“If he is declared a high-risk offender, a supervision order should be imposed by the court.
“We will not be submitting that a continued detention order is justified in this instance.”
McKenna’s lawyer Joel Grinceri also told the court he accepted there was “an unacceptable risk that he will commit a serious offence” and said his client welcomed the proposed stringent conditions on his release.
“He wants to comply with each of those orders,” Grinceri said.
“This is not a situation where he wants to be released and have no conditions. He views this as a dual purpose, obviously to protect the community but also to protect himself and he welcomes these conditions.
“He is well aware of his notoriety in the community, and he is essentially a man with no friends.
“His family has abandoned him. He has been in custody for many years now and has significant trepidation about being released into the community knowing how vilified he is.”
The decision about whether to release McKenna into the community will be made by Supreme Court Justice Marcus Solomon.
On Wednesday, Solomon heard evidence from expert psychiatric experts that McKenna was at a low risk of committing another offence, while also hearing he largely had no insight or remorse into his offending and lacked empathy for his victims.
“He comments about their compensation rather than recognising the degree of trauma, lifelong suffering,” forensic psychiatrist Peter Wynn Owen said.
“I highlight that he did reflect the impact on himself rather than the impact on his victims.”
Wynn Owen also told the court McKenna repeatedly said that the boys “instigated the offending” by “asking” for oral sex.
“It’s a risk, because if one believes that’s OK, they may engage in it again,” he said.
The hearing continues.
