Hamlyn Terrace: Disability support worker Garry John Decelis, 48, sexually abused cognitively impaired client

A disability support worker who climbed into bed with a cognitively impaired male client and sexually abused him “knew what he was doing was wrong” but tried to hush the victim, a court was told.

Former disability support worker Garry John Decelis, 48, outside Wyong Local Court where he was sentenced for sexually touching a cognitively impaired man in his care. Picture: NewsLocal

A disability support worker who climbed into bed with a male client and sexually abused him “knew what he was doing was wrong” but asked the victim not to tell anyone, a court has heard.

Wyong man Garry John Decelis, 48, was sentenced on Monday in Wyong Local Court after pleading guilty to sexual touching, carrying out a sexual act with another person without consent and possessing cannabis.

Decelis’ solicitor told the court his client’s business had collapsed and his marriage had broken down when he got a job as disability support worker in 2020.

Decelis’ solicitor said his client was also self medicating for depression by smoking a lot of cannabis at the time.

An agreed set of facts states Decelis was working with a cognitively impaired client, aged in his 20s, between late 2020 and early 2021 when he climbed into bed with him.

Former disability support worker Garry John Decelis, 48, outside Wyong Local Court where he was sentenced for sexually touching a cognitively impaired man in his care. Picture: NewsLocal

The facts state the young male was watching pornography on his mobile phone and masturbating when Decelis got in bed with him and also began masturbating and watching pornography on his own phone.

“The victim felt uncomfortable and shy with the offender in the room,” the facts state.

After some time Decelis turned to the victim and said words to the effect “I can help with that” and began masturbating the victim who “did not know how to say no”.

”I can help with that”: Disability support worker Decelis crossed a line when he sexually touched a male patient. Picture: NewsLocal

“The victim felt really uncomfortable and traumatised but did not tell anyone because he was told not to, so he just left it,” the facts further state.

Magistrate Trevor Khan said Decelis breached his position of trust and an “inequality of maturity and an inequality of capacity for the younger man to exercise free will”.

“The victim was shocked,” Mr Khan said.

“It’s plain the defendant knew what he was doing was wrong, he told the victim not to tell anyone because he could lose his job.”

Decelis was sentenced in Wyong Local Court.

The court heard Decelis was originally charged with aggravated sexually touching another person and aggravated inciting a person to do a sexual act with them.

The Crown prosecutor told the court these more serious “aggravated” charges were withdrawn and dismissed because, while the overall behaviour was a gross breach of trust, it was difficult to prove to the requisite standard in court that the victim was “under his authority” given the cognitively impaired victim was an adult.

Decelis continued to talk about sex with the victim and at one point placed a penis pump on him similar to this one pictured in this file image.

The facts state after the incident Decelis “engaged in sexualised talk” with the victim, showed him pornography and discussed sex toys, including bringing in “a large, black transparent penis pump” which he placed on the victim.

“The victim felt uncomfortable and found it “quite painful” because his testicles kept getting stuck,” the facts state.

Mr Khan said the ongoing conversations demonstrated “the events of the evening were not isolated” and part of a continued “sexualised interest” in the victim.

“Plainly he was employed to do a job as a support worker,” Mr Khan said.

“I have no doubt whatsoever that was a line that the defendant knew should not be crossed.”

Similarly Mr Khan dismissed any connection between the large amount of cannabis Decelis was smoking at the time and his offending.

Two years later the victim was talking to another support worker about inappropriate behaviour.

“The victim said to [that worker] ‘you want to talk about f..king inappropriate? What about that time Garry got into my bed and began pulling my dick”.

The support worker notified management, which contacted police and Decelis was later arrested at his then Toukley home where police found 8g of cannabis.

The cognitively impaired man provided a victim impact statement to the court in which he said he and his family had been left “shattered” by Decelis’ actions.

“You took my right to feel safe away,” the victim said.

Mr Khan sentenced Decelis to a 15-month intensive correction order (ICO) with the conditions that he perform 150 hours of community service and abstain from illicit drugs.

An ICO is considered by the court to be the equivalent of jail but served in the community.

Decelis was also convicted and fined $400 for possessing cannabis.

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