A judge has found a 35-year-old man accused of attempting to sexually assault his NDIS support worker unfit to plead to the charges.
Suliman Wardak was charged with two counts of attempted sexual intercourse without consent and one count of committing an act of indecency without consent.
In a recently published ACT Supreme Court decision, Justice Belinda Baker found Wardak unfit to plead due to permanent brain damage he suffered in 2016 following complications from neurosurgery in India.
As a result of his brain injury, Wardak receives 24-hour support through the NDIS.
Wardak allegedly attempted to sexually assault his NDIS support worker at his supported living accommodation on November 13, 2024.
The woman allegedly resisted and sustained injuries before offering to bring Wardak food, causing him to hesitate and move to the bathroom.
It was alleged the woman then fled and made immediate complaints to a neighbour, the police, and her employer.
During Wardak's fitness to plead hearing, one of the man's legal representatives told the court she had struggled to take instructions from the 35-year-old throughout his legal proceedings.
She said Wardak was unable to sit still for more than 15 minutes, repeatedly walked out of legal conferences, and struggled to understand court processes or the charges against him.
A forensic psychologist who interviewed Wardak on two occasions noted he struggled to maintain attention for even 10 minutes, was unlikely to engage in proceedings, and would be unable to follow the course of a trial or understand the evidence.
The psychologist acknowledged that it was difficult to determine whether the man's challenging behaviours were cognitive or behavioural, but said the two were interrelated and his "behavioural responses ... are born from the [accused's] cognitive impairments".
Evidence presented to the court also revealed that Wardak did not appear "to appreciate the seriousness of his current circumstance", even after spending a month remanded in custody for the alleged offences.
Justice Baker noted that restricting his liberty did not improve his comprehension, and there was no challenge to expert evidence that Wardak was not malingering.
The judge agreed with medical evidence that Wardak's challenging behaviours stemmed directly from his severe cognitive impairments.
"On the evidence presently before the court, I am satisfied that the accused would not be able to follow the course of the proceedings," the judge said.
"I am also satisfied that the accused would not be able to understand the effect of the evidence against him."
Justice Baker also found Wardak was unlikely to become fit to plead within the next 12 months, ordering that the matter be listed for directions on Wednesday, September 2, ahead of a special hearing.
