A convicted rapist who kidnapped, drugged and raped a German backpacker will be released from jail after winning an appeal to overturn a decision to keep him behind bars.
Peter Van de Wetering was jailed for nine years and declared a serious violent offender in 2016 after he pleaded guilty to several violent offences dating back to 2013, including kidnapping, rape, and administering a stupefying drug.
Van de Wetering had pleaded guilty to the depraved attack on the backpacker, then 19, who had travelled to become his nanny on a farm outside Stanthorpe in August 2013.
The 2013 attack had drawn comparisons with the Australian horror film Wolf Creek.
Van de Weterings nine-year sentence was set to expire on October 6 this year.
But his release was put on hold after the Queensland Attorney-General tried to stop Van de Wetering from being released from jail arguing he was a continued risk to the community.
In September, the court determined Van de Wetering was not suitable for release, and granted the Queensland Attorney-Generals application.
The convicted rapist challenged the decision in the Queensland Court of Appeal, arguing the primary judge had erred in failing to consider the strict supervision order proposed, the likelihood Van de Wetering would comply with the order and the consequences of noncompliance.
Peter Van de Wetering (pictured) was jailed for nine years and declared a serious violent offender in 2016
Court of Appeal president, Justice Debra Mullins, granted Van de Weterings appeal on Wednesday.
Justice Mullins ordered Van de Wetering should be released from prison on an interim supervision order, which he must comply with.
Part of the interim supervision order requires Van de Wetering to follow strict rules, including not being able to leave Queensland unless approved, only have one mobile phone, not use drugs or alcohol, and must attend rehabilitation if required by his corrective services officer.
Van de Wetering must also obey any requests made by his corrective services officer, including providing them with any information about where he lives, what type of employment he might undertake and whether he drives a vehicle.
The interim order states he must also wear a monitoring device if its required by his assigned corrective services officer and follow any curfew they may set.
He must also make no contact with the victim or someone known to them.
An extra condition of his release would also require Van de Wetering to obtain written approval from his corrective services officer if he wants to own anything that can take a photograph or video, including his mobile phone.
The strict ruling comes after Van de Wetering published an ad using a false name to hire a nanny on a farm outside of Stanthorpe, Queensland.
The then 19-year-old German backpacker, who had only been in Australia for two weeks, answered the ad in August 2013.
Van de Wetering organised a bus ticket for the woman after the pair agreed he would collect her at Cottonvale bus stop.
Upon her arrival at the bus stop, Van de Wetering was wearing a wig, fake beard and fake moustache.
Van de Weterings (pictured) nine-year sentence was set to expire on October 6 this year
The German backpacker was taken to the remote property (pictured) near Stanthorpe in 2013
While the pair were driving back to the rural property, Van de Wetering offered the woman some chocolate, which she accepted but didnt eat it without his knowledge.
Van de Wetering had drugged the chocolate in an attempt to stupefy the woman.
When the pair arrived at the abandoned property, Van de Wetering tied the womans hands together before tying her to a bed, where she struggled against him in a bid to free herself.
He then forced her to eat more of the drugged chocolate.
The woman became unconscious shortly after she was forced to eat the chocolate.
Hours later, the woman woke up on the side of the road, with Van de Wetering nowhere in sight.
The woman realised she still had her phone and called her sister in Germany.
A police investigation was launched, which led to the arrest of Van de Wetering in October 2014 in Sydney.
Van de Wetering was spotted on CCTV (pictured) by police during their investigation
The investigation found Van de Wetering had planned the attack for months before he met the German backpacker, including buying a wig, fake beard and fake moustache.
Van de Wetering was ultimately sentenced to nine years in jail in 2016 for kidnapping, rape, attempted rape, deprivation of liberty, sexual assault, common assault, stealing, administering a stupefying drug and attempting to stupefy.
The bid to keep him behind bars after his October 6 release date was based on evidence given by two forensic psychiatrists, who separately assessed Van de Wetering for parole, and the Crown earlier this year.
Both psychiatrists recommended against Van de Weterings release because of his high risk of reoffending.
However, Justice Mullins ordered in overturning the decision to keep Van de Wetering in jail after his October 6 release date that an interim supervision order was appropriate to mitigate any concerns raised by the Queensland Attorney-Generals office.
An interim supervision order would be suitable for identifying any escalation in the type of risk posed by the appellant to enable meaningful intervention before the risk eventuated, Justice Mullins said in her decision published on Wednesday.
The Queensland Attorney-General has the right to apply to the courts under the Dangerous Prisoners (Sexual Offenders) Act 2003 to keep certain people locked up if theyre found to be a risk to society.