An elderly former teacher accused of molesting four boys in Sydney in the 1960s has been declared unfit to stand trial due to deteriorating dementia.
Ian Michael Lee was arrested in November 2020 and faced 16 sexual assault charges over the alleged abuse of four male students aged between nine and 11 years old while he was their teacher in 1967.
On Thursday at Campbelltown District Court, Judge Pauline David imposed a limiting term of four years and five months on the now 91-year-old under which he could be closely watched.
The judge criticised the alleged conduct despite Lee's prior denials that the abuse occurred, and the fact that he had never had to enter a formal plea because he was unfit to stand trial
"I find the offending involved serious breaches of trust by the offender ... in that he was in a position as a primary school teacher which placed him in a position of trust with respect to the victims which was breached," she said.
She also acknowledged the "moving written statements" of two of the victims that had been filed in court.
Judge David accepted medical evidence showing the extent and pace of Lee's deteriorating mental state.
Suffering anxiety and depression for most of his life, the Seven Hills man now had a myriad of medical conditions including dementia, diabetes, hypertension, heart disease and melanoma.
"The offender has experienced an ongoing decline in mobility and general physical health," Judge David said.
While Lee had shown no remorse,, the judge noted that he no longer remembered the victims or the circumstances at the school due to his mental decline.
He will now reside at a secure aged care facility in western Sydney until the Mental Health Review Tribunal can decide what conditions he will live under during the limiting term.
