A repeat rapist has been released from jail despite a judge being told he had tested positive for methylamphetamine just weeks after completing a sex offender program at Casuarina jail.
Patrick Comeagain, 41, has been in jail since 2000 for raping two women in their homes and has been detained indefinitely since 2008 after being deemed one of WA's worst sex offenders.
Though classed at a high risk of reoffending, Comeagain applied to Supreme Court Judge Ralph Simmonds to be released, pointing to the successful completion of a sex offender rehabilitation program.
And today, Justice Simmonds agreed to let him walk free from jail.
In his judgement, Justice Simmonds admitted that it was common ground that even with conditions there "was still scope for serious sexual reoffending by Mr Comeagain".
But he said he was still persuaded he could be released, with conditions including reporting and electronic tagging, restrictions on contact with victims, a curfew, a ban on possessing, consuming or using alcohol and to have no contact with anyone under 16.
The supervision order will run for ten years, Justice Simmonds ruled.
WA's Director of Public Prosecutions had opposed his release, saying Comeagain had tested positive for drugs a month after finishing the rehabilitation program.
But his lawyer Mara Barone said he denied taking the drug and pointed to his latest psychological report, which said Comeagain would be suitable for release under a strict supervision order.
Comeagain's release comes after a public outcry earlier this year over the release of TJD, a sex offender with 13 victims over 20 years.