Brain injury considered in basketballer's rape case

Former Perth Wildcats star Kendal 'Tiny' Pinder has impaired intellectual abilities that may have played a role in his long history of sexual offending, a court has been told.

The 67-year-old has pleaded guilty to rape and aggravated sexual assault charges laid in 2021, and remains in Sydney's Silverwater jail awaiting sentence.

Clinical neuropsychologist, Lisa Zipparo told a hearing at Sydney's Downing Centre on Friday that testing showed Pinder has "generally poor intellectual abilities," which may be the result of brain injury.

“He has low intellectual capacities and accompanying cognitive impairments," Ms Zipparo said.

Pinder's impairment could help explain why he repeats "the same mistakes over and over," she added.

Pinder's criminal record for sexual assault in Australia stretches back to 1992, and in 2021 he was convicted for stalking a young woman on her way home from a train station.

Impairments to Pinder's frontal lobe activity may be the result of brain injury either sustained as a child, or during his career as a professional athlete, Ms Zipparo told the court.

She said athletes can be vulnerable to chronic traumatic encephalopathy, even in low-contact sports like basketball.

A history of domestic violence, including reportedly being thrown through a plate glass window in his early teenage years may have contributed, the court was told

Pinder claims to have been raised in an environment where he witnessed significant violence, particularly towards women.

“We know that if we have prolonged exposure to trauma particularly in the early years it can impact brain development; specifically the frontal lobes," Ms Zipparo said.

She noted Pinder performed poorly on tests requiring him to inhibit himself from undesirable behaviour.

In relation to the charge of aggravated sexual assault, Pinder persisted despite his victim clearly expressing to him she did not consent, the court was told.

"No I can't," the court heard the woman said to Pinder.

"Yes, you can," he replied.

Ms Zipparo said Pinder would likely have been able to understand that the woman did not consent.

"The offending behaviour is quite complex and there's a lot of contributory factors," Ms Zipparo said.

"If he's got inhibitory problems he might not be able to stop the behaviour."

Ms Zippato added there are also psychosocial factors with Pinder's upbringing and potentially attitude towards women.

Pinder told a sentence hearing in February he is "older and wiser” than when he committed the crime and will seek counselling to make sure he does not repeat the mistake.

“I’ve had counselling, but I haven’t had the counselling I should have had,” Pinder said.

Ms Zipparo said Pinder would benefit from undertaking a sex offender treatment program that is suited for his cognitive impairment.

Having performed with the Harlem Globetrotters from 1980 to 1983, Pinder joined the Perth Wildcats in 1987 and was named the club's most valuable player two years later.

He helped the Wildcats win back-to-back NBL championships in 1990 and 1991.

The case is due to return to court on March 21.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

Lifeline 13 11 14

beyondblue 1300 22 4636

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