Claims a hearing over the alleged abuse of six teens at Daruk Boys Home should be stopped because it would reduce the life expectancy of a former federal MP accused of the crimes have been rejected.
Alasdair Webster, who was the member for Macquarie in NSW from 1984 to 1993, is facing 20 criminal charges, including indecent assault, buggery, acts of indecency and assault occasioning actual bodily harm.
The 90-year-old is accused of abusing six boys between 1974 and 1984 while he was superintendent at the Daruk Training School, a boys' homes on the outskirts of Sydney for juvenile offenders.
Allegations include he fondled one of the boy's genitals and tried to get him to have sex with him.
"Do as you are told and be good," he allegedly said.
He is also accused of watching three of the boys be physically beaten by school staff in an isolation block on separate occasions, and on one occasion gave three men 20 minutes to rape a teen.
On another occasion, he allegedly showed two boys pornographic material and got them to perform sexual acts.
Webster was previously found unfit to stand trial due to his physical and mental health which included dementia, diabetes, cardiovascular issues, cancer and back pain.
A special hearing estimated to take six weeks has been scheduled to begin on April 28, 2025.
On Tuesday, Judge Jane Culver dismissed an application by the 90-year-old to permanently stay the proceedings.
Defence lawyer Manny Conditsis had previously argued Webster's deteriorating physical and mental health meant he could no longer meaningfully participate in any special hearing.
Professor Tuly Rosenfeld, a geriatrician retained by Webster, told the court the stress of an upcoming hearing could reduce the ex-politician's remaining life-span by up to 50 per cent.
To continue with the case against the 90-year-old would be "inhumane", Prof Rosenfeld said.
Judge Culver found there was no evidence the hearing would increase Webster's stress, particularly given he already had minimal contact with his lawyers and did not actually have to participate in the hearing.
While concerns that an over 40-year delay meant records from Daruk were missing and certain witnesses, including three of the complainants, were dead, this did not mean the hearing was so unfair it had to be stayed, the judge said.
Mr Conditsis said that after representing Webster in the case since 2017, the ex-politician's funds had dried up and he could not continue to act as his lawyer at the upcoming hearing, which will likely be heard by a jury.
Judge Culvar thanked the solicitor for deciding to act on a pro bono basis but noted that a lawyer from Legal Aid could still step in at this stage.
After losing his seat in the 1993 election, Webster quit the Liberal Party and later ran unsuccessfully for Fred Nile's Christian Democrat Party at several elections.
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National Sexual Abuse and Redress Support Service 1800 211 028
