Marist Brother accused of child sex offences 'too sick to face charges' | ACT | Office Space Canberra \
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Marist Brother accused of child sex offences ‘too sick to face charges’

Updated October 12, 2017 15:41:02

The lawyer for a former Marist Brother charged after a police investigation which followed the Royal Commission into Institutional Responses to Child Sexual Abuse is seeking a permanent stay of proceedings in the ACT Supreme Court.

John William Chute, 85, also known as Brother Kostka, was committed for trial last year and he is now facing 16 charges including multiple acts of indecent assault and indecency allegedly committed against five students over several years from 1976.

But he has since been found unfit to plead in NSW and the ACT and his case was set down for a special hearing in early December 2017.

Brother Kostka’s lawyer Greg Walsh today applied to permanently stay the hearing and bring proceedings to a halt.

Mr Walsh cited the delay and the defendant’s mental and physical deterioration, arguing Brother Kostka would be unable to participate and give instructions.

The court heard Brother Kostka resides in an aged care facility and his cognitive function has deteriorated.

“He is in a very parlous state,” Mr Walsh told the court.

“He can’t be transported here unless he was in an emergency ambulance.”

The court heard Brother Kostka was unable to control his bowel movements during periods of stress.

“His decline may affect his capacity to give instructions and … may prejudice him,” he told the court.

“It is oppressive, he has had enough.”

Brother Kostka has previously been diagnosed with Parkinson’s disease.

Mr Walsh undertook to provide the court with updated medical evidence as part of written submissions, including a geriatric assessment, cardiology report and MRI scan.

The application will be heard by Justice David Mossop next month.

Topics: courts-and-trials, law-crime-and-justice, canberra-2600, act, australia

First posted October 12, 2017 15:37:19

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