A 69-year-old parkinson's disease patient charged with a "three strikes" offence is to return to Rimutaka Prison today while authorities work out how best to house him.
The man, who also has mild dementia, has spent the past two weeks in isolation in the Upper Hutt prison, as neither his
home for the disabled nor his family will take him in.
The man, who has name suppression, reappeared in Upper Hutt District Court this morning charged with two counts of indecent assault, relating to an incident at a Hutt Valley home for the disabled, where he allegedly grabbed the breasts of a fellow resident.
His lawyer, Michael Bott said the man's alleged behaviour was largely an outcome of his condition and could be a side-effect of his medication. He had no significant history of offending until two years ago, when "behavioural difficulties" emerged.
He was remanded to return to court next Wednesday by which time authorities are expected to have resolved the best course of action for him.
It was "repugnant" that he was being held in prison, which was not equipped or staffed to cope with such a sick man, Mr Bott said.
"Really for a person with his needs, prison is not appropriate."
The man was shaking so badly he needed to be supported by two police officers to enter the courtroom today, Mr Bott said. He needed help dressing and a hoist to get himself out of bed.
A reintegration team, comprising prison representatives and "hopefully" health authorities is scheduled to meet tomorrow with the aim of finding community-based care for him.
The charges the man faces come under the new "three strikes" legislation, which allow for full-term imprisonment without parole on a third offence.
"There is no defence of diminished responsibility in New Zealand," Mr Bott said.
"He could effectively wind up in very short order being sentenced to the full term of imprisonment which is seven years for indecent assault. Arguably he would never have darkened the door of the court prior."
- NZPA
