Family to monitor sex offender with dementia
An elderly migrant accused of three indecencies in public will be monitored constantly by family members to prevent a fourth incident.
The 74-year-old has been diagnosed with dementia which has now progressed to Alzheimer’s disease.
He has been granted final name suppression because reporting of his name would cause extreme hardship for himself and his family who are trying to deal with the issues.
Christchurch District Court Judge Tom Gilbert granted a discharge under the Criminal Procedures (Mentally Impaired Persons) Act but warned the family that there would be different approach if there was a fourth incident.
The man was in court with his son, who was helping with interpreting and presenting the family’s views.
The son “guaranteed” that the family would monitor the man closely and constantly to prevent him wandering the streets, which is when the indecencies have occurred.
The family does not want him placed under a compulsory treatment order because of his illness and his lack of English skills. His son said in court that if he was placed into care “he’s not going to last very long”.
Judge Gilbert agreed that having him in inpatient care would be “significantly disturbing” for him.
The man was arrested after two indecent assaults on women in December 2015 and February 2016. He was arrested for touching a woman on the breast and groin area as she walked on Shirley Road in February, and after that he was charged with the earlier indecency.
A report showed there was a “cultural background”.
He has been on bail ever since, with defence counsel Glenn Dixon steering the case through the mental health discharge process after learning of a diagnosis of dementia.
However, there was a third incident in February this year, when the man did an indecent act in Macfarlane Park, Shirley. He admitted that offending today, and it was also dealt with.
Mr Dixon said that when he went to the police station after the man’s latest arrest, the police were concerned to make sure a safety plan was put in place to ensure no further offending.
The man’s condition had deteriorated since an initial psychological report, and a finding by another judge that he was unfit to stand trial on the two earlier charges.
Since the latest offence, the family had monitored him closely to ensure that there was no further wandering alone, and no further indecencies.
Judge Gilbert said there was now co-ordination between the health care services, the family, and the man’s doctor. “The material before me suggests the family is taking this very seriously,” he said. There had been no further incidents since they began the close monitoring of the man.
The man is to be monitored by his wife and daughter, with other family members stepping in as they become available.
Judge Gilbert said: “I am content, given that a proper management plan is in place. But if a fourth incident occurs, a different result will be likely, irrespective of what distress that may cause.”
Category: Focus
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