The matter of Timothy James Doolan, 45 – who was charged with assaulting police – was dealt with in Bathurst Local Court where magistrate Michael Allen dismissed the charges under Section 32 of the Mental Health Act.

But Mr Allen also launched a scathing attack on the state’s social support network, describing what had happened to Doolan “as entirely inappropriate and unsatisfactory”. 

Mr Allen told the court Doolan was a 45-year-old Aboriginal man with significant intellectual disability who also suffered from alcohol abuse.

He described his early life as “tragic and dysfunctional” and had been charged with assaulting a police officer on August 6, 2013.

Mr Allen said Doolan was unemployed with significant intellectual impairment, a socially marginalised, vulnerable man who was regularly seen in the CBD in an intoxicated state.

He lived an itinerant life which included living on the river bank for time, then with his sister, and after this sleeping wherever he could get a bed.

Mr Allen said police were increasingly asked to deal with his difficult behaviour towards other people and, on August 6 last year, Doolan was arrested after police received complaints about him trying to cuddle young girls and asking them for money out the front of the ANZ on William Street.

When police arrived and told Doolan he would be taken to Bathurst police station until a responsible person could collect him, Doolan became aggressive, told police he was going to kill them and formed a fighting stance towards one of the officers, punching him.

Doolan was charged and initially granted bail but failed to appear before Mr Allen, who then revoked bail.

Mr Allen said Doolan appeared in a sad and confused state during his court appearances, consistent with a report by NSW Justice Health psychiatrist Dr Chew who said Doolan’s understanding of the court process was only “superficial”.

The court heard while Doolan was well known to support services, there was no support at all for him within the community.

Mr Allen also said on numerous occasions the court sought the assistance of Aged, Disability and Home Care, Justice Health, Corrective Services and other health services in the community to little avail.

“Not withstanding the efforts of the Aboriginal Legal Service no suitable accommodation or residential rehabilitation has been forthcoming, and as such he has remained in custody,” Mr Allen said. “He is a man clearly in need of assistance of a properly targeted and ongoing treatment plan and counselling, and it is altogether unsatisfactory, entirely inappropriate and frankly sad that in a rich community, in a large city in regional Australia insufficient social programs are in place.

“It’s not fair on police who don’t know what to do with people [like this] and it’s not fair on corrective services.”

He dismissed the charge against Doolan under Section 32, telling corrective service officers Doolan was not to be held in custody “any longer then it takes me to sign the papers”.

Doolan was ordered by Mr Allen to be of good behaviour and, among other things, not to consume alcohol or intoxicating liquor or any drug other than those prescribed by his treating doctor.