Brian John Odlum: Mandurah polio patient used NDIS funding to employ young women to indecently assault

A man paralysed by polio who “personally selected” young female carers using NDIS funding and then sexually assaulted them has narrowly avoided jail Brian John Odlum pleaded not guilty to seven counts of indecent assault and four counts of common assault earlier this year. But following a five-day trial in May, Odlum was found guilty of indecently assaulting five women and the common assault of four others. On Thursday, he was sentenced to a year in prison for the assault of the “vulnerable” woman over a five-year period beginning in March 2018, until he was arrested in 2023. The court was told the victims were “personally selected” by Odlum and aged in their late teens and early 20s. Throughout their employment, the 68-year-old touched one woman’s vagina, the breasts and buttocks of others, and tried to kiss the much younger women. In his sentencing remarks, Magistrate Richard Huston said Odlum isolated the women and exercised control over “particularly vulnerable victims”. “The victims felt vulnerable because of that control he had over their work life,” Mr Huston said. “One of the witnesses said that he told her that ‘it was his home and he would make the rules’. “The witnesses testified that they were desperate for work and financially challenged.” Odlum’s lawyer Alan Camp said his client was “overwhelmed by his transition to NDIS” which allowed him to employ young women. “Mr Odlum needs care from female carers around the clock,” Mr Camp said. “He came from a position of complete isolation to being overwhelmed by these young people, overwhelmed by his change of circumstance. “He has put in place a voluntary restriction on his employment of women and only employs women aged over 25 now.” Mr Camp said his client has never walked after contracting polio and used a wheelchair all his life. Mr Huston was particularly concerned that the offending happened in a workplace setting. “It was a workplace, it was an unusual workplace, but each victim was a carer for Mr Odlum paid for by the community, he is supported by others in the community and in a position to afford that thanks to the community,” he said. “The community would expect that workers in any setting would not be assaulted the way these women were. “Mr Odlum has control of his own funding package, he sets the hours, the workplace, who is employed, who is not. “They were isolated from others and for the most part in the home with Mr Odlum or in his vehicle. “All witnesses testified they felt vulnerable because of that control he had over their work life. He exercised that control and reminded them that they were vulnerable. “Some felt trapped or remained because they needed the money. “The community as it is today with an ageing population and the overburdened health system, it will increasingly be the case that workers will have to go into homes so people can remain in their homes. “An increasing part of the community is based in childcare, aged care or NDIS and it is important to remember these are workplaces and it must keep with the expectations of the community that every workplace remains safe.” Mr Huston said Odlum showed no remorse for his offending, a lack of empathy and said sentencing must reflect that. “It seems you contrive to characterise the victims of your offending as responsible,” he added. “The victims did nothing to bring about the offending by you. “You attempted to characterise the victims as dishonest, drunk, or not motivated but my findings were different. “I was significantly impressed by them, they remained devoted to their work, it was impressive how diligent they were in the work they do. “For you to characterise them as dishonest or showing up drunk was disturbing.” Mr Huston said he approached sentencing with a clear mind that Odlum had a difficult life. “It was unfair and remains unfair, but you’ve been supported by the community,” he added. “Life in a prison would be difficult for you, a factor I’m taking into account.” On this basis, Mr Huston ruled that Odlum’s prison sentence would be suspended and that he would have to undergo “immediate” counselling. “Because your understanding of what is appropriate in the workplace is completely misguided,” he added. For the indecent assault in February 2023, when Odlum touched his victim’s vagina, Mr Huston sentenced him to six months in prison. For each subsequent indecent assault, he incurred one month in prison, for a 12-month cumulative prison sentence. He was fined $2000 cumulative for the common assault, which Mr Huston ruled would not be paid to the victims, as not all of Odlum’s victims would receive it. Outside of court, when asked by waiting media if he would like to apologise to his victims Odlum told them to “f... off”. His current carers declined to comment on whether they felt safe working for the offender.