Nathan Fenwick, ex-teacher with autism who groomed child for sex, determined to be “exaggerating” behaviours

Dubbed by a judge as ‘reclusive’ and no threat to children anymore, an autistic pedophile teacher is hoping to dodge jail despite a psychologist saying he is ‘exaggerating’ his condition.

A predatory Whyalla teacher who was dubbed by a judge as a “rocking, unhealthy shut-in” now faces another challenge to dodge jail.

Nathan Andrew Fenwick, 28, had a push back in his home detention bid after a forensic psychologist determined he was “exaggerating” his unhealthy behaviours.

Fenwick again sat in the District Court dock on Tuesday hunched over, scrubbing his hands over his ears to block out the sound of court.

Judge Timothy Heffernan said the psychologist’s report – to determine whether Fenwick was an ongoing threat to children – revealed Fenwick was “exaggerating” his presentation.

“It paints a somewhat different complexion of your client’s presentation to which we’ve been operating under,” he said.

During sentencing submissions in August, Judge Heffernan said he didn’t know if Fenwick – who was recently diagnosed with autism – was sexually capable of reoffending.

“Every time this man has come before the court he has sat in the dock rocking, making repetitive motions, trying to prevent himself from being able to hear anything,” he said.

“He’s not a healthy individual, and he should not have been described as such in the prosecution submissions.

“If he has to be brought from his bedroom to the courtroom, if he’s a shut-in, if the reality of his life is he only spends his time in his bedroom and has had a significant flare-up of his autism, how does he pose a threat to the community?

“If he doesn’t even communicate with the people in his own house, if he’s basically living all his life in his bedroom and not communicating with the rest of the world, how does he pose a threat to the community?”

Nathan Fenwick leaves the District Court at an earlier appearance. Picture: NCA NewsWire/Naomi Jellicoe

Nathan Fenwick appears to hide behind his mother after leaving court at an earlier appearance. Photo: Lucy Rutherford

Tim Dibden, for Fenwick, previously said his autism amounted to a “permanent infirmity” to reoffend and exempted him from mandatory prison time.

Tania Stevens, prosecuting, opposed that submission, saying Fenwick’s autism diagnosis predated his offending.

The bulk of that offending, she said, was virtual – and committed by use of the computer located in his house.

“I’m not trying to be insensitive but there’s no way of saying that, once this case is resolved, he will not return to the level of function he was in when he offended against a child from the safety of his home,” Ms Stevens said.

Fenwick, 27, of Whyalla, pleaded guilty to one aggravated count of communicating with a child to make them amenable to sex.

He abused his position as a teacher to “relentlessly” bombard a male student with messages and “disgusting” photos, encourage the boy to meet for sex and urge him to lie to his parents.

Victim impact statements were read to the District Court in March.

The victim’s father said Fenwick betrayed his son and damaged his family’s life in the “most despicable” way.

“You did this Nathan … like a thief in the night you preyed on (the victim) and took advantage of his naivety under the disguise of a friend and a teacher,” he said.

In the District Court on Tuesday, Mr Dibden said they would like to call evidence from Fenwick’s mother.

Judge Heffernan said the victim and his family were entitled to feel “very frustrated” about all the delays but granted Mr Dibden’s request and adjourned the charge until next week.