Lismore mechanic Luke Phillip Gadsby bail refused ahead of trial on historic child sex abuse

A trial date has been set for a NSW mechanic accused of a number of serious historical child abuse offences – including sex with a child under the age of 10 – as his defence told the court his mental state would impede his ability to instruct a lawyer.

Lismore Mechanic Luke Philip Gadsby is facing 19 charges related to historic child sex allegations. Picture: Gadsby Automotives Facebook

A trial date has been set for a Lismore mechanic accused of a number of serious historical child abuse offences – including sex with a child under the age of 10 – as his defence told the court his mental state would impede his ability to instruct a lawyer.

Luke Phillip Gadsby appeared in custody via audiovisual link in Lismore District Court before Judge Craig Everson on Wednesday, where he applied for bail and was refused.

Gadsby, 44, is charged with five counts of aggravated indecent assault on a child under 16 years.

He also stands accused of six counts of having sexual intercourse with a child between 14 and 16 years of age, and two counts of commiting an act of indecency with a child under the age of 16 – as well as four counts of aggravated sexual assault with a victim under the age of 16, sexual intercourse with a child under the age of 10, and sexual intercourse without consent.

Gadbsy allegedly committed the offences between 1999 and 2009. Picture: Gadsby Automotives Facebook

Gadsby has pleaded not guilty to all charges, which relate to time period of the 1990s and 2000’s..

Gadsby’s lawyer, who sought bail release, argued on Wednesday his poor mental acuity, stemming from a 2007 car accident and stroke, would impede his ability to instruct lawyers. The lawyer said he suffered from memory loss, balance issues, and fatigue.

Concerns were also raised that the 90 minute court commute from Clarence Valley Correctional Centre, where he is in custody on remand, would “exacerbate” his condition.

His lawyer also said Gadsby had a limited criminal history, lack of prior bail breaches, and “strong community ties”.

Judge Everson acknowledged Gadsby’s health issues but said there was insufficient evidence to deem him unfit for trial.

“There is a reasonable prospect of conviction,” he said.

He said Gadsby was not deemed a flight risk but nonetheless denied bail.

Judge Everson emphasised the onus was on the applicant to prove why detention was not justified.

The court indicated a new application could be made if health-related difficulties arise during the trial, which is scheduled for September 15.

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Originally published as Lismore mechanic Luke Phillip Gadsby bail refused ahead of trial on historic child sex abuse