Dee Why Rock Pool: Charges dismissed on mental health grounds for man who allegedly twice exposed himself to children and families

Families were shocked to see a pensioner, 68, allegedly sitting naked at a popular Sydney swimming pool, but exposure charges have been dismissed or mental health reasons.

The Dee Why rock pool at the southern end of Dee Why Beach where Butruk Butruk, 68, — who has been diagnosed with dementia — allegedly exposed himself to members of the public. Picture: Manly Daily

Charges against a pensioner who allegedly stripped off and exposed himself to small children and families at a popular northern beaches pool have been dropped because he has dementia, a court has heard.

Butruk Butruk, 68, Why, was arrested twice within a month for allegedly being naked at the ocean baths at the southern end of Dee Why Beach as well as allegedly assaulting carers who helped him at his Dee Why unit.

All charges relating to these alleged incidents have been dropped.

But Manly Local Court heard on Wednesday that Mr Butruk, a political refugee from Tibet, has cognitive impairment, some of which has been blamed on being regularly bashed and tortured when he spent time in a Chinese prisoner of war camp.

Mr Butruk had been the focus of some concern and anger in the Dee Why community after the exposure charges were made public earlier this year.

Butruk Butruk, 68, of Dee Why, was charged with twice exposing himself near families at the Dee Why swimming pool. But those charges have now been dropped. Picture: (9News)

Police alleged in court he was nude as he sat near the edge of one of the two pools at the complex at lunchtime on February 11, and again on February 28.

The court heard previously that he was facing two counts of wilful and obscene exposure in a public place. Mr Butruk was also charged with assaulting a female police officer during his arrest on February 11. He is also charged with one count each of affray and common assault over an incident that allegedly occurred at Dee Why on March 7.

He was yet to enter a plea on any of the charges. And he had pleaded not guilty to three separate common assault offences that date back to March and May, 2022.

Manly court has previously heard that Mr Butruk was a political refugee from Tibet and that he had been held by prison by Chinese officials where he was regularly beaten.

He is currently in the psycho-geriatric unit at Northern Beaches Hospital.

Butruk Butruk, of Dee Why, outside Manly Local Court on a previous appearance. Picture: Manly Daily

Magistrate Robyn Denes heard a submission from Mr Butruk’s Legal Aid solicitor that all charges be dismissed on mental health grounds.

She said there was no indication from specialists at the hospital, who have been assessing Mr Butruk for several weeks, that he was a danger to the general community.

Ms Denes said that while the alleged offences were “alarming”, a report from the hospital stated that he had impaired cognition.

“He is a vulnerable person,” she said, while noting his is severely hearing impaired, does not speak English and has no family support in Australia. “He effectively has dementia.”

Ms Denes said the reported also stated that he was “effectively a prisoner of war in China” and had “suffered significant trauma as a result”.

She unconditionally dismissed all charges against Mr Butruk and told the court that accommodation in an aged care facility was being arranged.