Sitting in Wagga District Court, Judge Phillip Mahony SC found the man unfit after considering expert medical reports by two psychiatrists and a forensic psychologist.

Five of the charges against the man, now aged 53, related to alleged offences against one child between 1982 and 1983.

The other three charges related to alleged offences against another girl between 1987 and 1988.

Judge Mahoney was told the man –  married and claiming to be the father of six children –  was referred to the NSW Department of Community Services in 1999 for psychological assessment.

He was found to have a low IQ and significant other verbal and non-verbal weaknesses.

“The assessor was of the opinion that the accused had a mild intellectual disability,” Judge Mahony said in his judgement.

Asked to assess the man for this case, forensic psychologist Dr Katie Seidler estimated his intelligence to be in the range of moderate intellectual disability and found he was fit to plead but not fit to be tried on the basis he had very limited comprehension of the court processes and would seriously struggle to participate in his defence.

Consultant psychiatrist Dr Sharon Reutens diagnosed the man with an adjustment disorder with mixed anxiety and depressed mood and a mild intellectual disability.

“In the opinion of Dr Reutens, the accused was not capable of adequately following a trial or instructing his legal representatives during the trial,” Judge Mahony said.

Forensic psychiatrist Dr Jeremy O’Dea examined the man on behalf of the Crown and also considered him to be unfit to stand trial.

“(In the opinion of Dr O’Dea) it was likely he (the accused) would have significant difficulties in being able to follow the evidence in the trial and would also have significant difficulties in being able to instruct his legal representatives,” Judge Mahony said.

“Having regard to the unanimous opinion of the two psychiatrists and the forensic psychologist … it is clear that the accused does not have the intellectual capacity to follow the course of the proceedings at trial, or to understand the effect of any evidence given against him.

“Nor does he have the wherewithall to instruct his legal representatives to meet such evidence or to make out his defence.

“Thus, on the balance of probabilities I find that the accused is fit to plead to the offences, but is not fit to stand trial on the indictment.”

Judge Mahony continued the man’s bail until the matter reaches the Mental Health Tribunal.