An 89-year-old man accused of sexually assaulting his 14-year-old neighbour will be required to undergo a psychological assessment to determine his mental fitness to stand trial.
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The man was released on strict bail in Wollongong Local Court last week under the condition he not return to his home south of Wollongong given the alleged victim and her family still lived next door.
However, he breached the bail condition twice in a matter of days, prompting police to this week successfully apply to keep him behind bars.
Defence lawyer Matt Ward did not oppose the police detention application, saying the man was trying to find a more suitable address to live at than the hotel he had originally been bailed to.
However, Mr Ward ssought to have his client urgently referred to Justice Health while in custody.
"He has a number of significant physical issues which is unsurprising based on his age," he said.
Mr Ward also asked for the preparation of a psychiatric report addressing the man's mental capacity and fitness to stand trial as part of the Justice Health check.
"I have concerns for his mental health and his ability to participate in these proceedings," Mr Ward said.
Magistrate Mark Douglass agreed and made a formal referral to the health service.
A set of police facts tendered to the court in earlier proceedings said the teenager was allegedly lured into the man's home sometime between January 2017 and May 2018 under the guise of picking up fresh vegetables for her family, only to be sexually accosted as soon as she entered the premises.
In an interview with child abuse squad detectives earlier this month, the girl said she was playing in her backyard one day when she saw the man standing on his balcony.
He allegedly beckoned her to come over to his house, and, thinking he was going to give her some fresh vegetables, she went.
She told police she entered through the back door, finding herself in the living room.
She claimed the man tried to hug her as soon as she walked in before allegedly putting his hands on her hips and pulling her underwear down.
He allegedly then pulled his own underpants down and tried to sexually assault her.
The girl bent bent down, pulled her pants up and ran out of the house.
She returned home but didn't tell anyone what had happened and said she never went into the man's house again.
The man was arrested on June 17 and charged with assault with intent to have sexual intercourse with a child.
The case will return to court on August 5 for further mention.
