Lawyers for John 'Kostka' Chute apply for permanent stay on sex abuse charges

The former brother is charged with 16 sex offences allegedly committed against six children in the 1970s and 1980s. He has been found unfit to plead and was to face a special hearing in December under Canberra's mental health laws.

But solicitor Greg Walsh told the ACT Supreme Court on Thursday that because of the delay in the charges coming before the court, Chute, 85, is now so unwell he may be unfairly prejudiced at the hearing.

It was on this basis he applied for the criminal proceedings against Chute to be permanently halted.

Mr Walsh said he had recently visited Chute in the aged care home where he lived. He said the man's physical and cognitive impairments had deteriorated to the extent he was now in a "parlous state of health".

Chute would be unable to physically participate in proceedings, and cannot be transported from the home unless in dire need, he said.

Mr Walsh sought an adjournment while he collected the medical evidence, including from a cardiologist and geriatrician, in support of the application.

The adjournment was not opposed by the Crown.

Last year, Chute, who taught at Marist College Canberra, was committed to stand trial in the ACT Supreme Court.

The alleged offences include one count of buggery, 10 indecent assaults on a male and two acts of indecency on young people.

But the court has previously heard Chute suffers from Parkinson's disease and dementia. At a hearing this year in the ACT Supreme Court, he was found unfit to plead to the charges.

The case was set down for a special hearing under Canberra's mental health laws in December.

The special hearing, which would be run as if it were a trial, means that even if the former brother was found guilty by either a judge or jury, the verdict is not a basis for recording a conviction.

Justice David Mossop will hear the stay application on a day yet to be decided in the week of November 13.