Highest court to decide today whether sex predator Robert Fardon will be freed Notorious Queensland sex offender Robert John Fardon will remain in prison pending a court hearing. QUEENSLAND'S highest court will today decide whether sex predator Robert Fardon should be freed to live in the community or remain behind bars indefinitely. The Court of Appeal in Brisbane is scheduled to this morning deliver its findings for a third time on whether or not to release Fardon, the first man to be detained under Queensland's tough dangerous sex offender laws a decade ago. Lawyers for Queensland Attorney-General Jarrod Bleijie last month told the court that a Supreme Court judge's decision to grant Fardon supervised release was flawed. Mr Bleijie is appealing Justice Peter Lyon's decision in October to grant Fardon conditional supervised release to live in a the community under the state's rigorous Dangerous Prisoners (Sexual Offences) Act 2003. Fardon, 64, had spent two hours of freedom at precinct near Wacol prison on October 4, when Justice Lyons ruled he could freed with minimal risk to the community. However, an 11th hour appeal resulted in a stay, meaning Fardon was returned to a prison cell pending a full hearing. It is the third time the Court of Appeal has been called on to rule if Fardon should be released, with the previous State Labor Government mounting two successful challenges to Supreme Court orders granting Fardon supervised release. Fardon has waged a 10-year battle for freedom after serving the full sentence he received for the rape, assault and sodomy of a woman in 1988. The violent assault happened after Fardon was released from jail on parole after serving eight years for the rape and assault of a girl 12, and wounding her 15-year-old sister.