A man who allegedly began molesting two young girls more than six decades ago has died before the criminal allegations could be aired in court after decades of stop-start investigations.
Anton Koschier died before facing a special hearing in late July, meaning 12 historical sexual abuse charges levelled against him have been formally withdrawn.
The 88-year-old allegedly abused one girl when she was between six and 13 years old, kissing her three times from 1961 to 1968 and forcing himself on her on one of the occasions.
He was also accused of molesting a second girl from 1962 to 1976 by forcing her to engage in a number of sexual acts when she was between three and 17 years old.
These accusations included that the married man undressed in front of her when she was three or four years old, forced her to fondle him and told her that good girls didn't tell secrets before he kissed her.
When she was between nine and 11 years old, he allegedly touched her breasts and the chest area of her Barbie dolls at the same time, saying she would grow up to have breasts like the doll.
The two alleged victims first reported the matter in 1997, when Koschier was arrested and interviewed by police.
But officers suspended their investigation and he was released without charge.
After the two women made further reports to police in mid-2021, Koschier was once again arrested before being charged.
In March 2023, he was found unfit to stand trial in Sydney's Downing Centre District Court due to his age and mental and physical health.
A special hearing was set down.
Koschier's legal team then tried to shut down the proceedings through a permanent stay application by arguing his impaired cognitive functioning made the hearing unfair.
They told the court that the police decision not to press charges in 1997 meant there was an inherent unfairness to the 2021 prosecution and most of the evidence from the '60s and '70s had been lost or destroyed.
The stay application was dismissed in the District Court in August 2023 and again later that month in the NSW Supreme Court after an unsuccessful appeal.
"I am not satisfied that the decision to now prosecute the applicant falls within the category of a defect in the prosecutorial process, let alone one that is so profound such as to offend the integrity and functions of the court," Judge William Fitzsimmons said in the former decision.
After the failed legal attacks, Koschier had been due to face a special hearing commencing on July 29.
In March 2023, the District Court heard the accused child molester had been forced to sell his family home to afford his legal fees.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
