Rapist once linked to Morcombe death to remain in jail
A GLADSTONE rapist once linked to Daniel Morcombe's murder will remain behind bars after being dubbed a danger to the community.
Douglas Brian Jackway is serving an indefinite detention order having been ruled a danger to the community for two rapes in the 1990s. His case is reviewed annually.
In April, Jackway, 40, argued in Brisbane Supreme Court he should be released from jail under supervision.
But on Monday, Justice Sue Brown ruled Jackway remained a danger to the community and should remain behind bars.
In 1995, when he was 18, a drunken Jackway abducted a nine-year-old boy off a Gladstone street and took him to nearby mangroves where he sexually assaulted him.
He was released from prison in 2003 but returned to jail by 2004 for stealing a car, driving dangerously and wilfully damaging property.
During the time Jackway was out of jail Sunshine Coast boy Daniel Morcombe was abducted and murdered.
Daniel's convicted murderer Brett Peter Cowan attempted to point the finger at Jackway during his trial - but Jackway had an alibi.
Jackway was sent back to jail for the stealing and dangerous driving offences and for a 1991 rape when he attacked a 10-year-old girl.
Justice Brown said Jackway's conduct had "changed for the better" in recent years and noted he had not committed a sexual offence for two decades.
But she said three psychiatrists found Jackway remained a risk of reoffending even under Corrective Services supervision.
"Even with a supervision order in place the psychiatric evidence is that the risk of reoffending is only reduced to a moderate level," she said.
"The fact remains that there is a real risk that his inability to control his level of impulsivity and responses to emotional stressors, given his anti-social personality could rapidly escalate such that he would turn to alcohol and drug use to the point of reoffending notwithstanding the terms of the order, before detection."
Justice Brown said Jackway was improving and may be released from jail at future date after further treatment. His case will be reconsidered next year.