Accused Northern Rivers rapist Derek Muldrock deemed fit for trial despite IQ of 62
A low IQ man who allegedly broke into a Northern Rivers home and raped a woman has been declared mentally fit to stand trial.
Lismore
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A low IQ man who allegedly broke into a Northern Rivers home and raped a woman has been declared mentally fit to stand trial.
Derek Muldrock, 47, was deemed unfit to plea or stand trial in April after appearing before Judge Jonathan Priestley in Lismore District Court. But that decision has now been reversed after an independent commissioned report was filed.
Muldrock has been charged with aggravated break and enter to commit serious indictable offence and sexual intercourse without consent.
On March 1, 2022, it’s alleged Muldrock broke into a Northern Rivers address to target the woman and then sexually assaulted her.
Muldrock was arrested the following day and has remained in custody since.
Unable to recall time and date details Muldrock struggled with basic questions.
He told psychologists the charges against him meant he “licked a female’s private parts”.
Denying allegations, Muldrock said the victim “needs money” and called the incident a “set-up” saying the woman was “targeting me”.
He said the charges were “trumped up” by “corrupt police” and a “corrupt legal system”, labelling the proceedings “corrupt” and ranting about “corrupt little Lismore”.
In April, Judge Priestley described the proceedings as a “very serious matter” and referred Muldrock to the Mental Health Review Tribunal for a fitness inquiry.
He said Muldrock “may become fit in the next 12 months, pending the determination of the tribunal”.
On Wednesday, Muldrock was back in Lismore District Court where Judge Jonathan Priestley heard he was now deemed fit to stand trial.
The court heard arguments over who had deemed Muldrock fit as paperwork was not filed.
Defence solicitor Rachael Thomas said Muldrock had been found fit on August 9 through an independent commissioned report.
“It’s bizarre,” Ms Thomas said.
“It was heard on the 28th of June, but I haven’t seen any documents … just an email from a solicitor,” Ms Thomas told the court.
She said Muldrock has been in custody for “a long time” and was committed on the basis of unfitness so the matter must return to the local court.
Crown prosecutor Joshua Hanna said Muldrock was intending to enter a plea in “reasonable time”.
The court heard arguments about images and video evidence acquired, along with phone records from the victim's smartphone at the time of the alleged offending.
“Photos can be deleted but locations can be found in their browsing history,” Ms Thomas said.
Mr Hanna said he intended to apply for a Judge alone trial.
Mr Priestley said key information needed to be presented to the defendant immediately.
The judge ordered confirmation on Muldrock’s mental fitness and ordered all paperwork to be filed before September 4.
Muldrock was refused bail and is due to reappear in Lismore District Court on September 11.
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