UPDATE: Judgement on whether Queensland's most notorious pedophile, Robert John Fardon, gets released has been reserved to a date yet to be fixed.
INFAMOUS violent rapist Robert John Fardon has an incurable "psychopathic personality" disorder and should remain locked up indefinitely until he completes a sex offender treatment program, a court has been told.
The Court of Appeal in Brisbane on Monday was told an eminent psychiatrist was of the view Fardon, 64, could not yet be successfully managed if released back into the community unless he underwent a treatment program.
Queensland Solicitor-General Walter Sofronoff, QC, acting for Attorney-General Jarrod Bleijie, argued medical evidence suggested Fardon had so far refused to undergo treatment "in the form offered" and was a "moderate to high risk of reoffending'' if released.
Mr Sofronoff said psychiatrist Dr Donald Grant had formed an opinion Fardon had an incurable disorder, but that treatment may give the rapist some insight into his sexual offending.
The submissions came as the Mr Bleijie attempts to overturn a decision by a Supreme Court judge's orders to release Fardon from prison and back into the community.
Justice Mullins a fortnight ago ruled Fardon be released from his indefinite jail sentence under strict supervision and be subjected to a list of very onerous conditions.
Justice Mullins, in ordering Fardon's release, found the rapist remained a "serious danger to the community'' in the absence of an ongoing supervision order, but rescinded an order requiring his continued detention since July 1, 2011.
She found Fardon could be adequately managed in the community order with 34 conditions, including that he notify authorities of any intimate releationship, not visit any place were children of people with intellectual disabilities resided, abstained from alcohol, obey a curfew and wear a GPS tracking device.
In June 2003, Fardon, then aged 54, became the first person detained indefinitely - having already served the full-term of his prison sentence - under Queensland's then controversial Dangerous Prisoners (Sexual Offenders) Act.
Fardon has so far spent all but five years of his adult life in jail for sexual offences against women and children.
Fardon's immediate release was promptly blocked when Queensland Attorney-General Jarrod Bleijie was granted a stay by Justice John Muir pending an appeal.
Fardon hit a similar hurdle in May 2011 when then Labor Attorney-General Paul Lucas lodged an appeal against a decision by then Acting Supreme Court judge Julie Dick to grant Fardon conditional release.
Mr Lucas's appeal, assuring Fardon's continued indefinite incarceration, was granted when Chief Justice Paul de Jersey, sitting in the Court of Appeal, said the substantial concern was Fardon's demonstrated unwillingness to submit fully to a supervised regime.
He was released under a strict supervision order in 2006 but was detained two years later after being apprehended, charged and then convicted of rape.
Fardon was jailed for 10-years for the rape in 2010, but the conviction was quashed on appeal.
Fardon has so far spent all but five years of his adult life in jail for sexual offences against women and children.
The hearing continues.
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