Derek Muldrock, 47, accused of break-and-enter rape of woman in northern NSW

A convicted child sex abuser accused of breaking into a home and raping a woman has been deemed mentally unfit to stand trial in a North Coast court. Here’s what we know.

Lismore Courthouse.

A convicted child sex abuser accused of breaking into a home and raping a woman has been deemed mentally unfit to stand trial in a North Coast court.

Derek Muldrock, 47, appeared via audio visual link from Clarence Correctional Centre in Lismore District Court for a mental health fitness inquiry on Friday.

He was 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 remanded in custody.

His prior proceedings and the way the case was handled changed legal precedent in Australia, leading to the Muldrock Error.

Police allege Muldrock broke into a home and sexually assaulted a woman.

Due to concerns over his condition, Muldrock’s scheduled trial was paused for assessments.

Forensic psychiatrist Dr Adam Martin and consultant neuropsychologist Dr Sally McSwiggan told the court Muldrock’s IQ was 62 – lower than 99 per cent of the population -and his language ability was at the level of a five-year-old.

Unable to comprehend simple questions, Muldrock told psychologists: “I’m just ADD (attention deficit disorder)” and “I have autism.”

He told experts he suffered a brain injury from a breech birth that caused cognitive delays, but denied psychiatric history.

Judge Jonathan Priestley described the proceedings as a “very serious matter”.

“He is not physically or mentally fit to stand trial and has a lack of ability to understand proceedings,” he said.

Mr Priestley said Muldrock “makes things up” and “can’t understand proceedings” rendering him unfit to plea.

The court heard Muldrock has a “historical borderline mental dysfunction” and could not give evidence.

Muldrock has been unfit to stand trial after the alleged break-in sex attack.

He was unable to recall time and date details and struggled with basic questions.

Muldrock told psychologists the charges meant he “licked a female’s private parts”.

“I’m not into females, I’m gay,” Muldrock told experts.

Muldrock said the victim “needs money and was targeting me – it was a set up”.

Muldrock said the charges were “trumped up” by “corrupt police” and a “corrupt legal system”.

He labelled proceedings “corrupt” and ranted about “corrupt little Lismore”. Muldrock appeared to struggle to follow instructions from the judge.

Mr Priestly referred the case to the Mental Health Review Tribunal for review after determination.

He added: Muldrock “may become fit in the next 12 months, pending the determination of the tribunal”.

Muldrock was remanded in custody.