Alleged killer Dieter Pfennig’s heart attack does not spell the end of his trial for the murder of Louise Bell

THE trial of Louise Bell’s alleged abductor and murderer may not end because of his near-fatal heart attack — even if he never fully recovers.

screen grabs of Dieter Pfennig

THE trial of Louise Bell’s alleged abductor and murderer may not end because of his near-fatal heart attack — even if he never fully recovers.

Dieter Pfennig, 67, suffered a heart attack in his Yatala Labour Prison cell on Monday and spent Tuesday in a medically-induced coma.

On Wednesday afternoon, Pfennig was brought out of his induced coma and an assessment on his health started. It is not yet known if he will make a full recovery.

His counsel have told The Advertiser his trial for the decades-old cold case murder is likely to continue under the same legislation used to conduct mental health cases if he does not fully recover.

Section 269 of the Criminal Law Consolidation Act (1935) allows a court to determine whether the objective elements of a case have been proven, even if the defendant is unfit to stand trial.

In Pfennig’s case, this would mean his trial could continue, even in his absence, so the court could decide whether prosecutors had proven their case beyond reasonable doubt.

Should prosecutors succeed, the court would then embark on a second inquiry as to Pfennig’s health and fitness to return to the criminal proceedings.

If found unfit Pfennig would, like mental heath detainees, be sentenced to a limiting term — a period in medical care, equal to the jail sentence a healthy person would receive.

A photo of Dieter Pfennig taken days before he allegedly abducted Louise Bell in 1983. Source: Supreme Court registry.

On Wednesday, Pfennig’s solicitors Craig Caldicott and Jason Evitts told The Advertiser that was a possible scenario.

“You would expect that’s the sort of path Acting Justice Michael David may have to embark upon,” Mr Caldicott said.

Mr Evitts said he was still seeking information about Pfennig’s health from the Department for Correctional Services.

“What we know is that Pfennig collapsed due to a cardiac arrest, was resuscitated at Yatala Labour Prison and taken to the Royal Adelaide Hospital,” he said.

“He was meant to be brought out of an induced coma at some stage yesterday (Tuesday) for stabilisation, but he wasn’t.

“Once he’s out of the coma, hospital staff will do tests to see if there’s any neurological or other problems as a result of a heart attack.

“Any 269 inquiry all depends on his health, and at this stage we need to know more.”

An official courts spokesman described the situation on Wednesday morning as “very fluid”.

“My information is that Pfennig is still in a coma and not out of it yet,” he said.

“Medical staff are still assessing his condition ... the situation is very fluid and they are still in the process of assessing him.

“We will know more by Tuesday.”

Pfennig has pleaded not guilty to abducting Louise, 10, from her Hackham West home on January 4, 1983, and murdering her at some time before March 1 that year.

He is currently serving a life sentence for the 1989 murder of Michael Black, 10.

Louise Bell, left, and Michael Black, right.

Neither child’s body has ever been recovered, and witnesses claim Pfennig has said they are buried together.

Pfennig’s trial, in the absence of a jury, started on September 20 last year and has run for 45 days over the past six months.

He has challenged DNA evidence that, prosecutors claim, provides a one-in-one-billion link between him and Louise’s discarded pyjama top.

That challenge was the trial’s first major stumbling block, with Pfennig’s team claiming it needed a six-month adjournment and another $250,000 in legal aid funding to run it.

Those requests were denied, prompting changes in Pfennig’s representation — then, just one week ago, he changed solicitors at the 11th hour in a bid to avert a mistrial.

Pfennig’s trial has been adjourned until next Tuesday.

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