October 2002

Dad’s fury as sex offender avoids prison

A FURIOUS father has blasted a judge for failing to lock up the man who sexually assaulted his nine-year-old daughter.

The 48-year-old said his daughter needed counselling after Robert Waller, 19, indecently assaulted her last year.

Passing sentence, Judge Michael Brodrick said society would be best protected if Waller received a “basic crash course” in the way he should behave towards women and children.

Judge Brodrick told Waller: “You will get that in one way in detention but this is a bit like youngsters going behind bike sheds and swapping inaccurate information.

“I have come to the conclusion that while this case does warrant a custodial sentence, the better and safer course as far as the public is concerned is a two-year rehabilitation order.”

The girl’s father, who was in the public gallery, said he had to stop himself from standing up and saying something.

“I was disgusted,” he said. “My daughter is still suffering.

“This man should be in jail for five years at least. He’s walking around now as if he’s got away with it.”

Waller, of Gershwin Road, Basingstoke, admitted the indecent assault and was sentenced last Thursday at Winchester Crown Court.

Andrew Barnett, defending, said Waller had claimed the offence happened with the encouragement of the young girl, but Judge Brodrick refused to accept this.

He said: “It may be that misunderstanding lies at the heart of the case and it is that distorted thinking on his part that needs to be tackled.”

Mr Barnett said it was a question of how best to deal with that. He argued that if Waller had professional help, he would be made to realise this sort of conduct is not to be tolerated, thereby protecting society more effectively.

The judge told Waller the fact that he had perceived the girl had been encouraging him indicated the degree of education he required.

He was also placed on the sex offenders’ register for five years and was warned that any breach of the order would mean him coming back before the judge and receiving a custodial sentence.

“There is a very real sanction lying behind this order, if you choose to breach it, and that adds to the protection the public is likely to get,” said Judge Brodrick.