District Court: Philip Soldat on trial for kidnapping dementia patient Nick Kurta

In what a judge has described as a “novel and interesting case” a Central Coast man has been acquitted of kidnapping his elderly step father-in-law from a nursing home. Read why here.

In what could send ripples of hope through thousands of dementia patients stuck in nursing homes across NSW, a man has been acquitted of kidnapping his elderly step father-in-law after a court ruled he did not need the consent of the Public Guardian to check him out.

Philip Soldat, of Mangrove Mountain, was acquitted of taking or detaining a person to obtain advantage in the Downing Centre District Court on Tuesday after a judge ruled the Crown had failed to present any evidence the Public Trustee & Guardian had failed to grant its consent for the release of his 83-year-old step father-in-law from a nursing home.

Judge Penelope Wass told the jury she had ruled, in a matter of law, consent was “not required in the circumstances” because Mr Soldat had taken his elderly step father-in-law Nick Kurta from Bupa Sutherland nursing home to a hospital in Victoria for “treatment” rather than to reside there.

No case to answer: Mr Soldat was acquitted on Tuesday in the Downing Centre District Court.

Judge Wass said the Crown had not been able to establish a key element of the indictment and that the Public Guardian had no say over Mr Kurta generally other than where he lived.

“I have ruled the consent of the Public Guardian was not required,” Judge Wass said.

The court had heard further evidence from one of the detectives investigating Mr Kurta’s disappearance from the nursing home on November 20, 2019, that he had contacted Mr Soldat who told him the elderly man “did not want to be in the nursing home anymore”.

The officer said Mr Soldat told him Mr Kurta “begged me to get him out of there so I did”.

CCTV from the nursing home played in court showed Mr Soldat casually walking the halls of Bupa Sutherland and leaving with Mr Kurta in a wheelchair.

Judge Wass gave the jury a direction to acquit Mr Soldat, who’s defence barrister made an application for costs, before thanking them for their service.

“It was no doubt a novel and interesting case,” Judge Wass said.

PREVIOUSLY ON MARCH 10

A Central Coast man is on trial for allegedly kidnapping his elderly step father-in-law from a Sutherland nursing home and driving him to Victoria to seek asylum.

An elderly dementia patient left a note describing his nursing home as a “prison” and a “mad house” before he was broken out by his step son-in-law and driven to Victoria, a court has heard.

However the court heard the man’s step son-in-law allegedly did not have the legal right to take him and the victim was suffering dementia and not capable of giving his informed consent.

Philip Soldat, 43, of Mangrove Mountain, faced Downing Centre District Court on Thursday after pleading not guilty to taking or detaining a person to obtain advantage and failing to provide him with adequate medical care.

Philip Soldat, of Mangrove Mountain, was charged with breaking his step father-in-law Nick Kurta out of a nursing home and driving him to Victoria. Picture: Nine News

Police allege Mr Soldat kidnapped 83-year-old Nick Kurta from the Bupa Sutherland nursing home, by checking him out without consent, on November 20, 2019.

Police located Mr Kurta two days later in a Melbourne hospital.

The court heard Mr Soldat drove his step father-in-law to Victoria for “asylum” in the belief the laws were different and Mr Kurta could fight his placement in a nursing home.

Giving evidence Mr Kurta’s nephew, Walter Kurta, told the court he took his uncle to Sutherland Hospital three times in 2018 and 2019 after he visited him at his Menai home and found him “massively in pain” and constipated.

He said in April 2019 a spot was found for him at Bupa Sutherland nursing home.

Nick Kurta, 83, was allegedly kidnapped by his step son-in-law and driven to Victoria. A District Court trial hear Mr Kurta was unhappy in his Sutherland nursing home. Picture: supplied

He told the court his relationship with his uncle then deteriorated to the point he would “grunt” and barely converse with him because Mr Kurta thought it was “my will” keeping him at the nursing home.

He said he got a call “about 10pm” on November 20, 2019 from the nursing home informing him his uncle had been taken by Mr Soldat.

The court heard Mr Kurta’s first wife died in 2015 and he remarried a woman named Stana, who was the mother of Mr Soldat’s wife.

Walter Kurta said Mr Soldat had visited his uncle in the nursing home previously and spoken to him in his native Bosnian/Serbian language.

Nick Kurta, 83, was allegedly kidnapped by his step son-in-law Philip Soldat from the Bupa Sutherland nursing home and driven to Victoria. Picture: Google

He said he got a call from police two days later saying his uncle had been admitted to a Melbourne hospital under a different name.

Asked if he had any concerns for his uncle while he was with Mr Soldat, Walter Kurta replied: “no I didn’t think he would hurt him”.

He told the court detectives gave him a note, in what he believed was his uncle’s handwriting, which he translated from his uncle’s native Bosnian/Serbian language.

He said his uncle said in the note he wanted his “freedom” from what was like a “prison” and a “mad house”.

The note also stated Mr Kurta wanted to live in his own house with his wife and not in a “nursing home”.

The trial before Judge Penelope Wass continues.