September 3, 2019. Lisa Giles, a child sex abuse victim over 30 years ago speaks to reporters outside NSW Supreme Court in Sydney about the decision to release sex offender and child murderer Michael Guider from jail back into the community within days. Ms Giles says there needs to be structural reform to the law that allows sexual child offenders to be released. "We can see the inadequacies of the justice system very clearly today and he will reoffend and when he does those people who enabled this will be held accountable," Ms Giles says. "Hold your children close". (AAP Video/Margaret Scheikowski)

Victim of soon to be released sex offender says "hold your children close"

The mother of a nine-year-old girl killed by serial paedophile Michael Guider says she is shaking with anger after he was given the green light to walk free from jail.

Tess Knight, the mother of Samantha, faced reporters one hour after Justice Richard Button determined Guider would be released on a five-year extended supervision order “of great stringency” on Thursday.

He has been ordered to comply with 56 conditions including taking anti-libidinal medication.

Ms Knight last saw her daughter when she waved goodbye one school morning in August 1986.

She said today she was not disappointed but angry and “actually shaking inside”.

“We should all be shocked,” she said outside the NSW Supreme Court in Sydney.

“He hasn’t demonstrated that he’s changed.

“So not only hasn’t he told us what he did with Samantha’s body — and there will be no body to find anymore, it’s a long time — but he hasn’t given me and my family and Samantha’s friends any details of what happened that day.

“He claims that he can’t remember. Seriously, if you killed a child, do you think you would forget?”

She said her attention was now on Guider’s other victims, who still live in the community.

“At this point, I don’t care about me,” Ms Knight said.

“I actually care about the young women who were sitting in there devastated.

“I care about all of the other children that he abused and I care that this might happen again.”

She said it was “more horrendous than you can imagine” that the victims have to live with the thought of their abuser, Guider, walking around now with “the freedom that they don’t have”.

Take a moment to listen to Tess Knight reacting to the news that her nine-year-old daughter’s killer, serial paedophile Michael Guider, is allowed to walk free from jail on Thursday. The anger is palpable. @newscomauHQ pic.twitter.com/TbaBWbLv6a — Sarah McPhee (@_SarahMcPhee) September 3, 2019

NSW Attorney-General Mark Speakman today said he is seeking “urgent” advice on a possible appeal of the court decision.

“Mr Guider will be closely monitored for the next five years,” he said in Martin Place.

“I would have liked to have seen him in jail for another 12 months but we’ve been unsuccessful in that.

“But I can promise the family of Samantha Knight and the people of NSW that we have fought this case as hard as we can to leave no stone unturned, to keep Guider locked up or under extended supervision.”

Lisa Giles, a survivor of Guider’s child sexual abuse, sighed before she shared her thoughts.

“Well, a child molester and a child killer will be released among us this week,” she said.

“It’s not over.”

She believes the paedophile’s freedom is a result of a structural issue in the judicial system.

“Everybody working on this particular case is doing their job and doing their job within the structures that they’re given but we can see that is the problem right now,” Ms Giles said.

She added: “Hold your children close, that’s basically it”.

The State of NSW, in an application brought by Mr Speakman, had fought to keep the 68-year-old in jail for at least another year with a five-year extended supervision order after that.

Guider has been behind bars since 1996 for countless child sexual abuse crimes and Samantha’s manslaughter.

Guider’s interim detention order expires in two days.

“The fact is that there is some risk in releasing any person on the complete expiry of his or her sentence who has been shown to commit offences of the utmost gravity in the past, whatever their particular nature,” Justice Button said in today’s 17-page judgment.

He said he was required by law to determine if the state had established Guider was “an unacceptable risk that could only be forestalled by further incarceration”, rather than any risk.

Guider will be subjected to 56 conditions including wearing electronic monitoring equipment, living at a fixed address, never changing his name and providing a weekly schedule of his movements to a Corrective Services officer.

He must not buy, possess, access, obtain, view, participate in or listen to any material classified as pornographic or violent.

Unless approved by Corrective Services, Guider must not go near daycare centres, preschools, schools, amusement parks, cinemas, libraries, camping grounds, playgrounds, pools and other such recreational areas where children could be.

“The Court found that a further period of incarceration would not serve any rehabilitative purpose,” a summary of Justice Button’s judgment states.

“Whilst it could not be said definitively that the defendant’s sexual interest in children had disappeared, his Honour considered that the defendant had done all that can be done in terms of rehabilitation in a prison setting.

“The three experts highly experienced in psychology and psychiatry all agreed that the defendant (Guider)’s risks can be reasonably managed under a stringent and lengthy system of supervision within the community.”

Justice Button said his decision was not to punish Guider for what he had done in the past.

“To repeat: it is a process of assessment of risk with regard to what he or she may do in the future,” Justice Button said.

Samantha Knight vanished after she was seen talking to an adult male on Bondi Rd in Bondi.

Guider pleaded guilty to her manslaughter in 2002 and was jailed for a maximum of 17 years.

His 12-year minimum sentence for manslaughter expired in 2014 but the State Parole Authority declined to release him on the advice of the Serious Offenders Review Counsel.

He never again applied for parole.

WHAT ELSE DID GUIDER DO?

Guider was first jailed in 1996 after pleading guilty to 60 child sex offences against nine young girls and two young boys.

These included 15 counts of sexual intercourse without consent “comprising acts of penile penetration, penetration with a finger and with objects, and oral intercourse”.

He was sentenced to a maximum of 16 years “penal servitude” for 16 counts of administering a stupefying drug with intent to commit an indictable offence.

Fixed terms of six years, four years, 18 months, 12 months and nine months were imposed for all of his other crimes.

But they were all served concurrently and therefore completely overlapped.

In 2000, he was nabbed for eight more child sexual assault offences dating back to the 1980s.

He was sentenced to further terms of six-and-a-half years’ imprisonment and of 12 months.

These were also served concurrently.

Finally, in 2002 and part way through his child abuse prison sentences, Guider pleaded guilty to killing Samantha and was jailed.

His maximum 17-year sentence took immediate effect.

“Had Guider been serving his sentences consecutively, we wouldn’t be here today,” Ms Giles said last month.

“He would be incarcerated for life.”