A convicted rapist who kidnapped, drugged and raped a German backpacker will be released from prison after winning an appeal to overturn the decision to keep him behind bars.
Peter Van de Wetering was jailed for nine years and was declared a serious violent offender in 2016 after pleading guilty to several violent crimes dating back to 2013, including kidnapping, rape and administering an intoxicating drug.
Van de Wetering had pleaded guilty to the vicious attack on the then 19-year-old backpacker, who had traveled to be his nanny at a farm outside Stanthorpe in August 2013.
The 2013 attack had drawn comparisons to the Australian horror film Wolf Creek.
Van de Wetering’s nine-year sentence expired on October 6 this year.
But his release was suspended after the Queensland Attorney General tried to prevent Van de Wetering from being released from prison, arguing he posed an ongoing risk to the community.
In September, the court ruled that Van de Wetering was not suitable for release and granted the Queensland Attorney General’s request.
The convicted rapist challenged the decision in the Queensland Court of Appeal, arguing that the primary judge had erred by failing to take into account the proposed strict supervision order, the likelihood that Van de Wetering would comply with the order and the ‘consequences of non-compliance’.
Peter Van de Wetering (photo) received a nine-year prison sentence and was declared a serious violent offender in 2016
The chairman of the Court of Appeal, Judge Debra Mullins, allowed Van de Wetering’s appeal on Wednesday.
Judge Mullins ordered that Van de Wetering be released from prison on an interim supervision order, which he must comply with.
Part of the interim supervision order requires Van de Wetering to follow strict rules, including not being able to leave Queensland unless approved, having only one mobile phone, not using drugs or alcohol, and attending rehabilitation if required by his corrective services officer.
Van de Wetering must also comply with all requests from his corrective services officer, including providing information about where he lives, what type of work he might pursue and whether he drives a vehicle.
The interim order also requires him to wear a monitoring device if required by the assigned corrective services officer and to follow any curfew.
He is also not allowed to contact the victim or anyone he knows.
An additional condition of his release would also be that Van de Wetering must obtain written permission from his correctional service officer if he wants to possess anything that could be used to take a photo or video, including his cell phone.
The strict ruling comes after Van de Wetering published an advertisement in which he used a fake name to hire a nanny at a farm outside Stanthorpe, Queensland.
The then 19-year-old German backpacker, who had only been in Australia for two weeks, responded to the advertisement in August 2013.
Van de Wetering arranged a bus ticket for the woman after the couple arranged for him to pick her up at the Cottonvale bus stop.
Upon arrival at the bus stop, Van de Wetering wore a wig, a fake beard and a fake mustache.
Van de Wetering’s nine-year sentence (photo) was due to expire on October 6 this year
The German backpacker was taken to the remote property (pictured) near Stanthorpe in 2013
As the pair drove back to the rural estate, Van de Wetering offered the woman some chocolate, which she accepted but did not eat without his knowledge.
Van de Wetering had drugged the chocolate in an attempt to sedate the woman.
When the pair arrived at the abandoned property, Van de Wetering tied the woman’s hands together before tying her to a bed, where she struggled against him in an attempt to free herself.
He then forced her to eat more of the drugged chocolate.
The woman became unconscious shortly after being forced to eat the chocolate.
Hours later, the woman woke up on the side of the road, with Van de Wetering nowhere to be found.
The woman realized she still had her phone and called her sister in Germany.
A police investigation was launched, leading to Van de Wetering’s arrest in October 2014 in Sydney.
Van de Wetering was spotted by the police on camera images during their investigation (photo).
The investigation revealed that Van de Wetering had planned the attack months before meeting the German backpacker, including buying a wig, a fake beard and a fake moustache.
Van de Wetering was ultimately sentenced to nine years in prison in 2016 for kidnapping, rape, attempted rape, deprivation of liberty, assault, common assault, stealing, administering an intoxicating drug and attempted anesthesia.
The bid to keep him behind bars after his release on October 6 was based on evidence from two forensic psychiatrists, who had separately sentenced Van de Wetering for parole, and the Crown earlier this year.
Both psychiatrists recommended Van de Wetering’s release because of his high risk of recidivism.
However, in overturning the decision to keep Van de Wetering in prison following his release on October 6, Judge Mullins ordered that an interim supervision order was appropriate to address any concerns raised by the Queensland Attorney-General’s office.
“An interim supervision order would be appropriate to identify any escalation in the type of risk posed by the appellant, allowing for meaningful intervention before the risk materializes,” Judge Mullins said in her decision published on Wednesday.
The Attorney General of Queensland has the right under the Dangerous Prisoners (Sexual Offenders) Act 2003 to apply to the court to detain certain people if they are found to pose a risk to society.