Sex Offender Let Out By Loophole

A mother is distraught after a House of Lords ruling led to a drug dealer who sexually assaulted her son being set free. Gary Afflick has been released from jail two years early as a result of a Law Lords ruling that he and 15 other prisoners had been sent back inside illegally after breaching the terms of their parole while out on licence.

Afflick, a self-proclaimed satanist, was jailed for 14 years in 1997 for 23 offences including supplying drugs, kidnap, blackmail and indecent assault. He preyed on vulnerable youngsters, luring them back to his Southmead squat before giving them free heroin and crack cocaine and forcing them into a life of crime.

He had twice been released on parole to live in a bail hostel but each time had been sent back to prison for violating the terms of his release. The House of Lords has now ruled that the Home Office misinterpreted the law when it returned Afflick and 15 others to jail a second time.

All 16, who include a number of violence and sex offenders, have now been released unconditionally, without licence.

The Bristol mother of his victim has been left incensed by the decision. The mum, who along with her son cannot be identified for legal reasons, told the Evening Post: “My son is in pieces. Afflick ruined his life and now he’s back out on the streets.

“Why are his rights put above those of my son’s? He will have to live with what Afflick did for the rest of his days. This is outrageous. My son is 27 now. He was a teenager when he was abused. He is still living in care, as are other kids he preyed on. The legal system in this country stinks.”

Afflick was originally put behind bars by special team of officers headed by Geoff Anderson, who is now head of Bristol CID. The mother was notified of the decision to release Afflick without a licence in a letter from Avon and Somerset Probation Service. It read: “I am very sorry to be writing with such bad news.”

Afflick could still be recalled to prison if he commits any further offences before the end of his sentence in October 2009 but will no longer be subject to strict licence conditions.

The letter said Afflick had told prison authorities he will not return to Bristol but he is under no obligation to avoid doing so, though as a registered sex offender he is supposed to tell police his address.

Afflick was one of 16 offenders covered by a test case brought by a convicted arsonist, Paul Stellato. All of them were released from prison on licence twice but the second licence was ruled unlawful because it was issued under the terms of a law which did not come into force until after the 16’s original convictions.

The Home Office argued that those with older convictions should be subject to the new laws but the Law Lords ruled in favour of Stellato and said they should be dealt with under an earlier law. When Home Secretary John Reid was refused permission to appeal against the ruling yesterday, Afflick and the rest were released.

The Home Office refused to name the 15 other prisoners who it was forced to release following the ruling but admitted some posed a “potential risk” to the public and would be monitored in the community.

A spokeswoman said: “Public protection is our highest priority. We are therefore naturally disappointed that the House of Lords has found that our arguments in this case are not compelling.”

Rachael Geake, an spokeswoman for Avon and Somerset Probation Service, said: “We try to work as closely as possible with victims’ families to inform them about situations which occur that may affect them.”