A former Salvation Army captain facing historical child sexual abuse allegations may not face a verdict after the court found his health made him unfit to stand trial.
Ronald Milton Cotterill has been charged with 11 counts of indecent assault that allegedly occurred between May 1976 and January 1978 in southern Sydney.
When arrested in October 2019, police alleged Cotterill had sexually abused two boys at a boys' home four decades prior.
A further charge of indecent assault against a third alleged victim was added in April 2020.
The now 83-year-old went to trial before a jury in Broken Hill in October last year. However, he suffered a fall while being transferred midway through the proceedings.
A medical practitioner was called in and the jury discharged after questions of his fitness emerged.
On Monday, District Court Judge Clive Jeffreys acknowledged the findings of two medical reports retained by crown prosecutors and Cotterill's defence team which found the ex-Salvos officer was physically and mentally unwell and would not recover soon.
"I am satisfied on balance that the accused is unfit to be tried. It seems to me that there are difficulties with the accused understanding the substantial effect of any evidence given against him, that he has impairment in at least the making of a defence or answering the charge," the judge said.
"I am satisfied on balance that it is unlikely that he will be fit to be tried within 12 months."
Whether the case is continued or dropped will now depend on the NSW Director of Public Prosecutions who has indicated she needs two weeks to make her decision.
The matter will next come before the court on February 15.
