Swim coach’s suicide concerns prompt gag order over child rape case

An elite swim coach charged with sexually assaulting six underage students has won the right to anonymity while the court carries out a special hearing on 39 charges.

The man appealed to the NSW Court of Criminal Appeal over a refusal by the NSW District Court to grant him a permanent stay on his proceedings. Picture: NCA NewsWire / Christian Gilles

An elite swim coach charged with sexually assaulting six underage students has won the right to keep his identity secret during an upcoming court hearing, amid concerns he may commit suicide if he is named in “embarrassing” media reports.

The man, who has previously been found mentally unfit to stand trial, applied for a permanent stay of his case in the NSW District Court last month on grounds of poor health.

His lawyers argued an array of debilitating physical and mental conditions, including deep shame and depression leading to two recent attempts on his life, prevented him from understanding and following the proceedings against him.

Judge Paul McGuire SC refused the application, finding that medical evidence from psychologists and doctors had not established there was a serious risk of suicide if the case proceeded by way of judge-alone special hearing.

The alleged victims were aged between 10 and 16, and were all the coach’s students at the time, the court heard.

He noted none of the man’s treating doctors had felt he needed to be immediately scheduled to hospital for his own protection upon disclosure of suicidal ideation.

However, Judge McGuire did find the suicide risk was substantial enough to warrant the granting of a non-publication order over the man’s identity for the estimated six-week duration of the special hearing so as not to cause him more distress.

The Court of Criminal Appeal (CCA) agreed to a similar gag order when considering - and rejecting - an appeal against the refusal of the permanent stay.

The case was heard before the Court of Criminal Appeal in Sydney. Picture: NCA NewsWire / Christian Gilles

The CCA was told the man is alleged to have molested and raped six girls aged between 10 and 16 while coaching them at a NSW swimming facility several decades ago.

He is facing 39 charges, which he intended to fight, but was last year found mentally unfit to stand trial on account of his compromised ability to follow the proceedings.

It comes despite evidence before the court that the man is physically capable of “looking after himself in domestic surroundings”, including going shopping by himself, driving a car and taking out his rubbish bins.

The court heard police who carried out a bail check on him were able to engage in “structured and coherent” conversation with him and he was trusted enough to stay home by himself throughout the day when his wife was at work.

A psychologist gave evidence that the man had expressed “sufficient cognitive functioning” to talk of his “shame, humiliation and embarrassment” if the allegations against him were aired publicly alongside his identity.

Another doctor gave similar evidence, saying he believed it was “the scrutiny and accusations hanging over him that [the man] finds intolerable and devastating”.

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