Tom Kakios: Man accused of beach grope has charge dismissed on mental health grounds

A known sex offender alleged to have grabbed a woman’s breasts at an eastern suburbs beach has been found to have a “cognitive impairment” that absolved him from judicial judgement, a court has heard.

Kakios leaving Waverley Local Court.

A known sex offender alleged to have grabbed a woman’s breasts at an eastern suburbs beach has been found to have a “cognitive impairment” that absolved him from judicial judgement, a court has heard.

Tom Kakios, 48, of Marrickville appeared at Waverley Local Court with his barrister Richard Waldersee on charges of sexually touching another person without consent on Friday.

The court heard medical professionals had deemed the man to have “borderline intellectual functioning”, leading Mr Waldersee to seek the charges to be dismissed under mental health legislation

Police documents tendered to the court allege the Marrickville man sexually touched a woman about 1pm on March 20, 2020 at Clovelly.

Kakios outside Waverley Local Court.

The court heard the 23-year-old woman from Mexico had been climbing the rocks at Gordon’s Bay, Clovelly, when she became aware a man – Kakios – was several metres behind her.

The court heard the woman allegedly felt the man’s hands touch her waist “without warning” to “give her a boost” as she climbed the rocks and later “felt a pair of hands take a hold of her rib cage”.

A short time later Kakios allegedly “pulled her bikini apart”, grabbed her breasts and “closed his grip”, leaving the woman cursing in Spanish.

The court heard Kakios was charged after DNA taken from the woman’s bikini top was linked back to him and he was arrested on February 8, 2022.

He previously served a four-and-a-half years prison sentence for indecently assaulting two women in a sexual fashion after breaking into their home in 2013.

The alleged offending occurred at Gordon's Bay, Clovelly. Picture: Gaye Gerard.

Mr Waldersee told the court reports from his client’s psychologist Dr Mark Milic revealed the 48-year-old man suffered from “borderline intellectual functioning”, autism and ADHD and had not been under medical supervision at the time of the alleged offending.

The court heard Mr Milic had recommended Kakios continue to undergo cognitive behaviour therapy with himself or another practitioner.

Mr Waldersee said Kakios had been able to enhance his “impulse control skills through treatment” and said a plan submitted to the court recommended he undertake psychological treatment until the end of 2024.

The police prosecutor said the man’s prison term “did not assist him” but did not oppose the application.

Magistrate Ross Hudson accepted the man met the cognitive impairment conditions required for the matter to be dismissed, noting the psychological report and a letter where Kakios told the court he had struggled to stay in jobs “because of my lack of understanding”.

“It is clear he is impaired,” the magistrate said.

Magistrate Hudson dismissed the charges on mental health grounds and discharged Kakios into the care of his psychologist to maintain ongoing, regular and consistent treatment for mental health and cognitive impairment, including attending counselling and cognitive behaviour therapy.

He is required to adhere to future and further referrals for treatment as recommended.