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Prison escapee Darko Desic fled NSW jail out of fear of deportation to war-town Yugoslavia, court told

Heath Parkes-HuptonNCA NewsWire
Not Supplied
Camera IconNot Supplied Credit: Supplied

A man’s fear of being deported back to Yugoslavia to either be detained as a deserter or forced to fight on the front lines of a bloody civil war drove his escape from a NSW jail almost 30 years ago, a court has been told.

But despite living a quiet and law-abiding life on Sydney’s northern beaches for years, he could now be kicked out of the country after being sentenced for the outbreak.

Darko Desic managed to give police and authorities the slip for almost 30 years after the daring escape in 1992 from Grafton prison, where he was serving a 3½ year term for marijuana cultivation.

Last month the 64-year-old handed himself in to Dee Why police station and confessed to being on the run, and opted to serve the remainder of his non-parole period until October 30, 2022.

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On Thursday a sympathetic magistrate sentenced him to another two months to be served at the end of his old sentence, expiring on December 29, 2022.

Outside court, his lawyer Paul McGirr said the fight was on to seek clemency for Desic and keep him in the country, after Border Force officials served a notice of deportation.

“Certainly I ... and a lot of other people are going to fight for him,” he said.

“Because I think it’s un-Australian to kick someone when they’re down. He’s a loved member of the community and he’s one of us.”

A young Darko Desic.
Camera IconA young Darko Desic. Credit: Supplied

Mr McGirr said the magistrate “felt” for Desic and the sentence of two months was fair, despite arguing for no jail time.

“He’s quite relieved but at the same time there’s another issue of Border Force now saying that when his sentence is completed that he’s going to be deported,” he said.

He said he hoped a “bit of common sense” would be used to opt against sending Desic back, and hoped the deportation notice might have been generated automatically.

The greying Desic, who appeared in court on video link from Grafton’s Clarence Correctional Centre, pleaded guilty to escaping from lawful custody.

Magistrate Jennifer Atkinson said it was clear Desic had real fears about being sent home and had led a lawful life since his escape, but she was bound by law surrounding the “serious offence”.

He faced a maximum 10-year sentence under laws in place at the time of the breakout. The court was told he used a hacksaw to cut through his cell bars before employing bolt cutters to cut the prison’s perimeter fence.

By September 2021, Desic had become homeless after working cash jobs around the area and chose prison for “a roof and a meal”, his lawyer Paul McGirr told Central Local Court.

“He’s gone back into custody on the original sentence he was serving, which means he will be due for release next year,” he said.

“However, we are seeking clemency from the Attorney-General and the Governor-General … that’s in the process now.”

Darko Desic escaped from a correctional facility on the NSW north coast.
Camera IconDarko Desic escaped from a correctional facility on the NSW north coast. Credit: Supplied
He has since become a valued member of Sydney’s northern beaches.
Camera IconHe has since become a valued member of Sydney’s northern beaches. Credit: Supplied

Mr McGirr told the court his client was now a “loved and respected” member of the community, who had rallied behind him in the form of a $30,000 fundraiser.

Desic had faced the prospect of being sent back to what was then Yugoslavia, where there was “almost a genocide” in his hometown, the court was told.

“In respect to the background of why he did what he did (the escape) … he had been put in a position where he was going to be deported back to a country which today no longer exists,” Mr McGirr said.

“And be placed into custody for being a deserter or either be put on the front lines of the Balkan War.”

He had never come to the attention of police since his escape and had lived with the threat of a “knock at the door” and being thrown back in prison for the last three decades, Mr McGirr said.

Due to his fugitive status, Desic had never had a Medicare card and was even forced to remove his own teeth, the court was told.

Darko Desic (pictured in 1985) handed himself in to Dee Why police station saying he was homeless and needed somewhere to stay.
Camera IconDarko Desic (pictured in 1985) handed himself in to Dee Why police station saying he was homeless and needed somewhere to stay. Credit: Supplied

Desic faced charges laid on outdated legislation Mr McGirr said as he urged magistrate Jennifer Atkinson to take into account modern law principles.

“For instance, you can’t sentence him to 100 days of hard labour which might have been available back then,” he said.

Mr McGirr said the community’s support for Desic showed attitudes towards offences for marijuana supply had changed and “certainly indicates he’s got runs on the board”.

“For the first time in 30 years he would actually be a burden on the community in relation to the taxpayer,” he said.

Sydney lawyer Paul McGirr says Desic has ‘runs on the board’ in terms of community support.
Camera IconSydney lawyer Paul McGirr says Desic has ‘runs on the board’ in terms of community support. Credit: News Corp Australia

“He still has the attitude that he did the wrong thing and would be prepared to serve (his sentence) if that were deemed to be appropriate.”

Police prosecutor Scott Williams, however, argued that despite a sense of “Australian larrikinism” being invoked in this case, the court had to punish Desic according to law.

“Regardless of the fact this was in 1992, Mr Desic has been at large until now,” he said. “Really he has been in the commission of the offence that whole period.”

Ms Atkinson said Desic had lived a “very hard life” devoid of many services citizens enjoy and it was clear he had turned away from the drug offences he was jailed for.

“He has well and truly changed over time. Moreover he has shown remorse and contrition by handing himself in to police,” she said.

But ultimately, she said, nothing other than a full-time jail sentence was warranted for using tools to break out of jail.

Originally published as Prison escapee Darko Desic fled NSW jail out of fear of deportation to war-town Yugoslavia, court told

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