Sick paedophile who used his daughter as bait to molest little girls in a safe Sydney neighbourhood was deported to the UK - but his family don't want anything to do with him


  • James Duncan Smith spent 11 years behind bars for sexually abusing multiple girls under the age of 10
  • Smith, now aged 65, was deported to the United Kingdom after his sentence ended in January 2018 
  • Some charges included sexual intercourse with a child under 10 and aggravated indecent assault 
  • One of his victims, Alison Tomasko, was abused by Smith for four years, between the ages of seven and 11 
  • The 25-year-old pole dance instructor has spoken out about the abuse after her attacker was freed from jail  
  • If you know any more about James Duncan Smith contact brittany.chain@mailonline.com 

A sick paedophile who molested young girls including one of his daughter's friends was deported to the United Kingdom after he was released from prison, it can be revealed. 

James Duncan Smith, now 65, was convicted of sexually assaulting girls under the age of 10 while he was living in St Clair, in Sydney's west. 

One of his victims Alison Tomasko, a 25-year-old pole dance instructor, exclusively told Daily Mail Australia that Smith abused her 'countless times' from the ages of seven to 11.

And now, as the Department of Home Affairs confirm he was booted out of the country when he was released from jail in 2018, a source close to the family say his four children are no longer in contact with him. 

People in Smith's quiet community have also heard rumours he died once he returned to the UK.

Nobody has been able to verify the claims. 

'All I know is that he was deported. But I really don't know anything else,' a source told Daily Mail Australia.

'I haven't heard from or spoke to him in years, but I also know those rumours exist.'

The Department of Home Affairs spokesman said: 'The Department takes seriously its responsibility to protect the Australian community from the risk of harm posed by non-citizens who engage in criminal conduct or behaviour of concern. 

'Non-citizens who do not hold a valid visa will be liable for detention and removal from Australia.'

Court documents revealed Smith befriended adults with children and preyed on girls his daughter was friends with.

Some of the offences occurred when he was already on bail for other sex crimes. On multiple occasions, children in his care would stay the night at his house. 

Alison Tomasko (pictured) was abused by her neighbour from the ages of seven to 11

Once the children were asleep, he woke his victim up and forced her to touch him before digitally penetrating her. 

On another occasion, a victim said 'please stop, it hurts,' but her pleas were ignored, the agreed facts state. 

As a result of his crimes, Smith's 25-year marriage dissolved while he was in custody. 

In 2009, as he was being sentenced for new crimes against a little girl, the judge revealed his imprisonment up until that point had been served in protection for his own safety.

'It is likely that Mr Smith will serve good deal of his time in custody, if not all of it, on protection. He has been on protection up until now,' the judge said at the time.

Smith was released from jail in January 2018.

Alison told Daily Mail Australia she has been living with a lingering concern that he was deported and is now free to hurt other children in his native country.

After he served his sentence, she was no longer entitled to information on his whereabouts. 

'When he was considered for parole, I was notified and I was able to send through a list of my conditions... They'd include him staying away from children, not coming near me, and not being able to work or join any local community groups,' she said. 

'I just want to know for my own sense of closure, I think.'

Court documents reveal Smith was assessed as a 'high risk person to re-offend' back in 2006, when he was released on parole for separate charges.

He was also granted access to court directed psychiatric interventions, but claims to have gained no insight into his crimes. 

Between 2002 and 2006, Smith allegedly abused Alison, who lived on the same street as him in a quiet cul-de-sac in St Clair.

Alison Tomasko (pictured) pressed charges against James Duncan Smith after years of staying silent about the abuse he subjected her to
Alison Tomasko (pictured) pressed charges against James Duncan Smith after years of staying silent about the abuse he subjected her to

She was friends with his daughter and used to play at the family home after school and on weekends.  

Alison told Daily Mail Australia that Smith abused her 'countless times' from the ages of seven to 11. 

Four years after the final attack, a chance encounter at a party convinced Alison it was time to come forward and share her story.

By doing so, she helped jail Smith for six years - but he only served an additional few months for what he did to her because he was already behind bars for charges against other children.    

Prosecutors could only get Smith on a single charge against Alison - one count of indecent assault on a child under 10 - despite her allegations the abuse lasted four years.

And it was a fluke that they got him at all. Alison needed to provide specific dates for each assault - dates which she didn't think to keep as a child - to have him convicted.  

She was worried he'd never be punished for what he did to her, until she remembered a single diary entry she kept detailing her trip to the Smith household on September 4, 2004.

SOME OF THE CHARGES AGAINST JAMES DUNCAN SMITH 

WARNING: GRAPHIC CONTENT

James Duncan Smith was found guilty of nine charges of sexual offences on May 11, 2009. Shortly after he was sentenced, Alison came forward and he was charged with more crimes in 2011. More victims came forward after Alison.

Daily Mail Australia below lists some of Smith's offences. At the time of sentencing, he was 55 years old. 

Smith was found guilty of committing an indecent assault on a victim under 10 years old between May 1st, 2001 and December 1st, 2002. He was found guilty of having sexual intercourse with the same person, then a child aged under ten, during the same period.

Four offences were committed between 1 November 2002 and 31 July 2003. Three of the offences were indecent assaults on a person under ten. She was nine. The fourth offence was sexual intercourse with the victim, who was then under ten. 

Another of the crimes, the most serious, was having sexual intercourse with the victim without her consent, knowing that she was not consenting and in circumstances of aggravation. She was under sixteen. 

The victim's father and Smith were friends. He often took his two daughters to Smith's house to play with his children. It was during these visits, all of which involved overnight stays, that Mr Smith committed the crimes. 

'It is recorded in the agreed facts, that Mr Smith touched the victim in a sexual manner whenever she stayed at his house,' the judge found.

Groomed by a man she trusted

Alison's family and the Smith family lived on the same street for years. 

They were friendly long before Alison was born, and as she grew up, she developed a close friendship with James' daughter, Sarah*. 

'He was drinking a lot. Whenever he'd come back from the pub he'd continue to drink, wearing a dressing robe with nothing underneath and flashing us,' she said.

Alison told Daily Mail Australia Smith eventually felt confident enough to abuse her basically every time she was at the home after he'd had a few drinks.

She later learned all of Smith's victims had the same story.  

But after years of grooming, she didn't feel like she could tell anybody what was happening to her. 

'He told me that was how families are,' she said.

'My family aren't affectionate. We don't hug, we don't kiss, we don't do any of that stuff. We just make jokes.

'I assumed, being naive, that he was right when he told me that's how normal families are.  

'He was a really good manipulator. He definitely knew what he was doing, like he was weirdly really good at what he did,' she said.

Pictured: Alison as a toddler

 

A life-changing encounter

During the abuse and in the years after, Alison didn't tell anybody what happened to her.

She hoped that by doing so, she could try to forget herself.

It wasn't until she was 15 that the truth came out. She was at a house party, drunk and with friends, when she met a girl in the bathroom who looked familiar.

'I couldn't shake the feeling that I knew her from somewhere, and then I remembered I had seen her at James' house. We were both friends with his daughter,' Alison said. 

When Alison mentioned it to her, the girl said, 'Yep, I'm the girl who put him in jail.'   

'I just froze, I was honestly so shocked,' Alison said.

Up until that point, Alison hadn't known where James was. She knew he had disappeared years earlier, but said all the pieces suddenly came together.

Drunk, confused and with a secret she was desperate to share, Alison asked the girl why he was sent to prison. When the girl refused to tell her, Alison confessed that she already knew, and shared her story for the first time.

'I said to her, ''I think I know because it happened to me too'',' she explained.

The girl's mother calmed Alison down and explained that she couldn't talk about it to her daughter anymore, because it could jeopardise future legal proceedings if Alison ever decided to press charges.    

The 25-year-old married pole dance instructor hopes to help other women who have been through traumatic experiences

The 25-year-old married pole dance instructor hopes to help other women who have been through traumatic experiences

'I was just so shocked. Press charges? Courts? What does that even mean? I hadn't even thought of that and in my head I was just like, oh my God.'

Alison said she called her brother after speaking with the family. 

'I called and said where I was and blurted out what happened to me and told him everything. 

'I was crying, he asked if I'd been drinking and if I wanted to come home. I told him I just wasn't ready.' 

For the next four days, both she and her brother pretended the conversation never happened until Alison decided she was finally ready to tell her parents.

She called the one woman who knew her secret - the girl's mum from the party - and asked if she would come to the house to support her through the conversation.

Alison told her mother everything, expecting her to go into 'mum mode' and break down.

'But she was so strong,' she recalled. 'She just said ''what do you need me to do, do you want to go to the police? How can I help?'''

They decided to tell Alison's father Mick, a project manager. It was the 'hardest thing ever' for her to do.

'He just said ''I'm so sorry this happened, I didn't know, if I'd known I would've stopped it''.'   

Coming face to face with a monster 

James Duncan Smith was charged with one count of indecent assault on a child under 10 for what he did to Alison, and it was the September 4 diary entry - written in glitter gel pen in a Harry Potter journal - which brought him unstuck.

After an arduous reporting process in which Alison was forced to repeat what had happened to her to two male police officers in excruciating detail in front of her father - she was eventually told there wouldn't be a case unless she could provide dates to match each of her allegations.

'Of course I didn't have exact dates. I was seven years old. It went on for so long, how am I meant to remember the dates at 15? I was just a kid,' she said.

After months of feeling dejected and wracking her brain, she remembered an entry she wrote in her childhood diary on the day her dog, Pepsi, had to be put down. 

She was on the way home from the vet and was crying when her dad offered to drop her at Sarah's house for a play date to cheer her up.

'After it happened, I went home still crying and wrote a diary entry because I was really upset,' Alison said. Her mum kept all of Alison's things and after some digging, they found the diary stashed away in a box.   

'I remember the entry was written in glitter gel pen in a Harry Potter diary, and it was given to the joint investigations team when we found it.'

The police were then able to get Smith on that single charge, to which he initially pleaded not guilty. 

Alison had to be prepared to take the stand in court, and her team practised cross examinations to imitate what could happen at trial.

Just three days before the trial was meant to begin, Smith changed his plea to guilty. 

Alison said her relationship with her mother (pictured together) is closer than ever after confiding in her about the abuse

 

Alison was told he did so because there was too much evidence against him compared to previous cases.

'Everyone else went through trials,' she said. 'I was the first person he pleaded guilty to. I want to ask him, why me?' she told Daily Mail Australia.

'They told me the plea was a huge deal, because everyone else, they got absolutely nothing out of him.'

The two-year process from first reporting in 2009 to his sentencing date in 2011 culminated in Alison standing up, looking James in the eye and reading her victim impact statement in court.

She had the choice to film it and have it streamed into the courtroom, but chose to attend to 'take back some of her power'. 

After building up the courage to face him, she was bitterly disappointed when James didn't walk through the doors. 

'They actually brought the wrong person to the courts that day so we had to suspend and come back another day. 

'He came up and I was sitting there and I was like, ''Why's he got hair?'' and they were like, there's been some miscommunication... we'll have to adjudicate.'

When she arrived on the new date, Alison realised none of Smith's family attended. The room was full of her supporters as she read her statement.  

'I was telling him how much he hurt me, how he scarred me for life and how I couldn't believe someone I trusted could do this,' she said.

'You know, I thought of him like a dad, how could you hurt someone like that? And choose to do it multiple times, knowing what it would do.

'He sat there, leaned back smirking this smug smile and I just thought 'f**k you'. That's what made me the sickest, I think.'

In total, Smith spent 11 years behind bars for serious sex crimes. 

*James' daughter's name has been changed

Alison (pictured as a toddler) felt she couldn't live a normal childhood after what happened to herAlison (pictured as a toddler) felt she couldn't live a normal childhood after what happened to her

(Source)


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