Infamous former NSW Labor Minister Milton Orkopoulos has had his parole revoked while facing further child sexual assault charges.
The 62-year-old was arrested at his exclusive Malabar home, in Sydney's eastern suburbs.
His parole has now also been revoked after being charges with three counts of failing to comply with his reporting obligations.
The State Parole Authority (SPA) revoked the former Minister's parole order based on breaches of two conditions of his parole: firstly, that he not commit any offences and secondly, he comply with all conditions of the Child Protection Register (CPR).
It follows an earlier arrest in January 2021 over two alleged breaches of parole.
Milton Orkopoulos Breaches Parole
The Police allegations centre around Orkopoulos not reporting changes to his personal information, in contravention of his parole conditions.
The former NSW Labor minister was arrested in the early hours of the morning at his Malabar residence and taken to Maroubra Police Station.
His criminal lawyer told Waverley Local Court in January that the alleged breaches related to a conversation he had with his granddaughter and an Instagram account that had been set up in his name.
The account was declared to police on 8 January 2021 but it was created three days prior.
Magistrate Greg Grogin asked why Mr Orkopoulos' matter was listed at Court on the same day he had received police bail.
"For a start, it would appear Mr Orkopoulos was granted bail today, why is it listed today, not like any other matter in this court for some time in the future?" His Honour queried.
The police prosecutor said there were, "external factors outside the judicial process" at play, and this was simply the lawful course prosecutors had chosen to take.
Mr Orkopoulos' criminal lawyers said it was "quite obvious" that some people considered the matter should be brought to court sooner rather than later.
Due to the media attention the case had garnered, Orkopoulos was excused from having to attend the next Court date for his case if legally represented.
Milton Orkopoulos Released on Parole
Milton Orkopoulos was released from jail on parole in December 2020. He had spent 11 years in custody after being convicted of 30 drug and sexual assault charges in 2008.
He was in fact scheduled to be released earlier but this was delayed because he did not take part in a sex offender program as required.
The former Minister met his victims through Labor party functions or when they were undergoing work experience in his electoral office.
He provided his victims with drugs including cannabis, heroin and alcohol before sexually assaulting them.
The charges related to three boys and were alleged to have taken place in the Hunter Valley region and Lake Macquarie.
The former Labor politician had denied the allegations. His child sexual assault lawyers had attempted to appeal the convictions in 2009 but were unsuccessful.
Upon his release, he was ordered to wear an electronic monitoring bracelet and was prevented from approaching his victims.
Who is Milton Orkopoulos?
Milton Orkopoulos was a NSW Labor politician. He was elected to NSW Parliament in 1999, representing the electorate of Swansea.
He was handed the Aboriginal Affairs portfolio by then premier Morris Iemma in 2005.
Fresh Child Sexual Assault Charges
Following the revocation of his parole, further charges of sexual intercourse with child were laid against him.
Two new alleged victims came forward, alleging that they were given drugs, before Orkopoulos sexually assaulted them.
Newcastle Local Court heard that the 63-year-old was facing an additional eight charges, on top of the 15 child sexual abuse offences he was served with in June 2020.
Police allege six offences relate to a 12-year-old boy who was allegedly abused in 1999 – the same year Orkopoulos was elected to represent Swansea in the NSW Lower House.
The second boy was 14 when he was allegedly assaulted by Orkopoulos in 2003.
Child Sexual Assault Charges
Section 66A of the Crimes Act 1900 (NSW) sets out that if you engage in sexual intercourse with a child, you can be guilty of an offence.
You can fight asexual intercourse with a child charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
- You had sexual intercourse with the alleged victim; and
- The alleged victim was a child
You can be found 'Not Guilty' in the following situations:
- Honest and reasonable mistake: if you are charged with 'Sexual intercourse with child between 14-16 years', it is a defence that you held an honest and reasonable belief that the alleged victim was above the legal age of consent;
- Identification: The Crown cannot establish beyond reasonable doubt that you were the offender;
Consent is not a defence as a child cannot give consent to sexual activity of any kind.
An offence of 'Sexual intercourse with child between 14-16 years' carries a maximum penalty of imprisonment of 10 years. There is no standard non-parole period (SNPP)
The maximum penalty for 'Sexual intercourse with child between 10-14 years' carries a maximum term of imprisonment of 16 years. The standard non-parole period is 7 years imprisonment
Looking at statistics for child sexual assault sentencing over the last 5 years, it is unsurprising to see that over 80% of persons found guilty of sexual intercourse with a child were sentenced to full-time imprisonment. You can view come recent cases where defendants were found 'not guilty' for child sexual assault charges here.
Plainly, jail is very likely for this offence. Recent sentencing amendments have done away with suspended sentences, which further increased the likelihood of a term of imprisonment being imposed if you are found or plead guilty.
Child sexual assault charges are extremely serious. The stigma that comes with them is likely to follow a person for the rest of their life. That is why it is important to obtain advice from a specialist sexual assault lawyer who has successfully defended hundreds of these charges.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.