A CONVICTED paedo has been handed a £2,500 payout after whining about licence conditions breaching his human rights.
Wayne Truter, 53, was released early from Gloucester’s HMP Leyhill after spending five years behind bars for sex offences against three boys.
Former IT consultant Truter, of Hemel Hempstead, Hertfordshire, groomed his victims aged 12, 14 and 15 by giving them gifts.
The monster was imprisoned for eight years at St Albans Crown Court in 2014.
After his release from prison he moved to an approved property in Northampton while on licence.
He had a 7pm to 7am curfew and was required to check in with a probation hostel three times every day.
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The hostel appointments were deliberately timed to keep him away from schools at opening and leaving times.
The British-South African dual national complained that he wanted to serve out his licence period in South Africa but was not able to because his passport had been confiscated.
The sex offender complained that the extra licence conditions were unlawful and breached his human rights.
His probation officer Sean Westcott rejected his complaint and thought he was being “arrogant” by telling him how to do his job.
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However, a High Court judge sided with the paedophile in a judicial review which cited the European Convention on Human Rights (ECHR).
His Honour Judge Tindal decided Truter had endured “false imprisonment”, breaching his Article 8 right to privacy under the ECHR.
The predator was later recalled to prison after refusing to consent to an inspection of his tablet, which he had used to put his judicial review together.
Despite condemning the extra licence conditions, Judge Tindal did not deem his subsequent recall to prison to be a “deprivation of liberty” – as claimed by Truter.
He said: “Mr Westcott took over Mr Truter’s case as his probation officer in September 2018, about a year before Mr Truter’s entitlement to release at the end of his custodial term.
“Mr Westcott met Mr Truter on a couple of occasions, the first being on March 7, 2019, shortly before the hearing of the Parole Board in March 2019 at which Mr Truter sought release.
“I accept Mr Truter’s evidence that he argued to the Parole Board they should release him because they could impose additional licence conditions which the defendant (The Secretary of State for Justice) at the end of the custodial term six months later could not.
“I do not criticise Mr Westcott for this given the inaccurate guidance, but he understood as arrogance what was actually a correct statement of law by Mr Truter.
“It was not the first or the last time where Mr Truter has pointed out to the defendant a particular point which is, in fact correct, but its officers do not accept it, thinking they understand the system better than a prisoner.
“In this particular case, they did not.
“On June 12, 2019, Mr Westcott met Mr Truter who at that stage certainly told Mr Westcott that he and MAPPA (Multi-Agency Public Protection Arrangements) had no power to adopt those additional licence conditions.
“That meeting could have done little to assuage Mr Westcott’s concerns, as Mr Truter took the view, which he was legally entitled to take, that he would only comply with conditions that were lawfully imposed.
“When a probation officer hears a convicted child sex offender say he is not going to comply with conditions intended to protect children, that is going to be a matter of considerable concern.
“Mr Truter has dual British and South African citizenship and so his plan on release had in fact been to ask for permission under that standard licence condition to go and live in South Africa and serve his licence period there.
“However, that was not possible for Mr Truter due to his ‘additional licence conditions’ which it is common ground were not lawfully imposed.
“Someone can be ‘imprisoned’ if obliged to remain somewhere they do not wish to be, irrespective of the practical means by which that is enforced.
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“Mr Truter has proved there was false imprisonment, so that claim succeeds and, in my judgment, an award of damages for £2,500 is appropriate.”

