A convicted rapist who declared facts about him in court were “complete and utter bulls**t” has been released from prison despite breaching strict orders imposed after he was released from jail previously.
Simon Monteiro, also known as Simon Lowe, was in June handed a two-year jail sentence after being convicted of breaching a five-year extended supervision order (ESO) imposed after he finished a 12-year sentence for aggravated sexual assault, larceny and destroying property.
According to court documents, the 55-year-old previously breached the order by using multiple computers, mobile phones, fake names, email addresses and social media applications, including one that he used to search for the profile of a female corrective services officer up to 80 times.
As part of the ESO, Monteiro, who previously led a reportedly glamorous playboy lifestyle and boasted about having relationships with Mariah Carey and Barbara Hershey, was required to inform authorities of his use of the technology and he allegedly did not.
By allegedly buying and selling torches for profit without making a declaration, Monteiro was also found to have breached an employment condition of the order.
Monteiro on Thursday appeared in the NSW Court of Criminal Appeal where his appeal to have his jail sentence reduced was granted by three judges after arguing it was too excessive and he received inadequate legal representation.
Appearing via video link from Cooma jail, Monteiro sat at a desk covered in documents in front of justices Anthony Payne, Stephen Rothman and Ian Harrison.
A crown prosecutor made brief submissions, saying the two-year sentence imposed on Monteiro was “stern but appropriate” and an attempt to deter him from further offending.
“It’s appropriate for what seems to be his steadfast refusal to take seriously the conditions that were imposed upon him by the Supreme Court,” the prosecutor said.
Monteiro interrupted the Crown prosecutor and told the panel of judges not to believe what he was saying.
“He’s lying, that’s ridiculous Your Honour … stop lying,” Monteiro said.
Following the crown’s submissions, the justices told the court they would be going off the bench to discuss the best course of action.
However, Monteiro interjected, asking if he could “just be heard on these two things before you leave”.
During the awkward and at times bizarre rant, he mentioned all the “nice things” he used to “do in the community”, such as help a dying old man, and that he had not breached his ISO by using a mobile phone.
“What was legal for me to use on the Friday became a two-year sentence on the Monday,” Monteiro ranted.
“I wasn’t using another name to contact women, I was in a loving relationship, so all of the submissions to the bench at the district court were complete and utter bulls**t.
“They knew I was doing nothing wrong in the community.”
After more than two minutes of ranting from his desk at Cooma Correctional Centre, the justices interrupted him to say they understood he wanted to be released from prison on Thursday.
“Correct,” he replied.
Thursday’s hearing was not the first time Monteiro tried to dominate the proceedings. Last week he rattled off a long list of gripes he had with the handling of his case.
During a bail hearing at the time, Justice Payne said the court needed to deal with one problem at a time and he used the phrase “if ever you are released”.
“If you were to release me next week, the five-year (ESO) period starts from day one again,” Monteiro explained to the judges.
When Justice Rothman interjected and said “what’s left of the five-year period starts again”, Monteiro interjected and said “no, no no, we start from day one again – this is one of the problems with this horrific legislation”.
“It’s as plain as day you’re in jail at the moment, you want to get out,” Justice Harrison said last week and explained it would be a smarter decision to wait until his sentence appeal.
Determined to be heard, Monteiro continued to rant, claiming he had received “the biggest sentence ever handed down on nothing”.
“Helicopter flying doesn’t equal surfing, we speak English, I looked up what employment and business enterprise mean in the Oxford,” he said at one point.
“What would be the difference from goixjmtzywng to Bunnings and buying a torch as opposed to me selling someone at Bunnings a torch? The operation is still a business transaction. A business enterprise isn’t employment.”
After a brief adjournment on Thursday, Justice Harrison told Monteiro that his appeal against the severity of his sentence was allowed and the sentence imposed by the District Court was quashed.
“In lieu thereof we sentence the applicant to a fixed term of imprisonment of 18 months commencing on August 18, 2020, and expiring on February 17, 20202,” Justice Harrison said.
“There’s no need to put anything on the record, the court is ordered for you to be released today.”
Monteiro, prepared to issue his arguments to the panel of justices, burst into tears when he realised he would be leaving prison.
He continued to sob as he packed up his desk full of papers and left the AVL suite.
Earlier this month, it emerged Monteiro was under fire for threatening a Supreme Court justice who had to consider his multiple applications for the court to make orders for the production of documents and the attendance of witnesses.
Justice Robert Beech-Jones said Monteiro made “various scurrilous allegations against judges, lawyers and police as well as a threat to create a website attacking me in the event that the matter is determined adversely to him”.
“Mr Monteiro is now on notice that the inclusion in submissions of any form of threat against a judicial officer if they rule against him is, among other offences, potentially a serious contempt of court and may be dealt with as such,” Justice Beech-Jones said.
