SA court asked to release mentally ill killer Barry Simper from high security, told he has made 330 trips into community without issue
A KILLER whose case sparked calls for mental health reform has been visiting shops, riding buses and attending theatres “for years” despite his detention in a high-security facility.
A KILLER whose case sparked calls for mental health reform has been visiting shops, riding buses and attending theatres “for years” despite his detention in a high-security facility.
The Supreme Court today heard Barry John Simper has made more than 300 trips into the community — many unsupervised — since he stabbed a motel manager 42 times.
Andrew English, for Simper, said three experts believe his client is ready to transfer out of James Nash House and reside in the low-security Ashton House facility for treatment.
“My client has essentially been on unescorted leave in the Oakden area for some years now, and there’s not been any issue so far,” he said.
“There have been 330 visits within the community and, every time he’s been unescorted, his departure and arrival times (from James Nash) have been carefully monitored.
“He visits the shops, the theatre, the library, attends therapy and catches the bus to Holden Hill unescorted ... allowing him to reorientate himself into the community.”
Simper was found not guilty, by reason of mental incompetence, of the murder of Mr Eldridge, 55, at the Paringa Motel off Hindley St in April 2003.
He had been released from psychiatric care just six days earlier, and stabbed Mr Eldridge when the motel manager refused his request for a cigarette.
Simper was subsequently ordered to serve a limiting term — a period under mental health supervision equal to a jail sentence — of life.
In 2006, the Coroner’s Court found Simper’s release from psychiatric care was based on “flawed assumptions and absolutely inadequate knowledge” of his circumstances.
Mr Eldridge’s brother, Michael, has since campaigned for sweeping changes to the mental health system and has been supported by SA Independent Senator Nick Xenophon.
In 2009, Simper began the court process of seeking a transfer out of James Nash House, the state’s highest-security mental health facility.
Today, Mr English said doctors wanted Simper to “visit overnight” at Ashton House for the next four months, and then transfer permanently to the facility.
Lucy Boord, prosecuting, said it would be more appropriate for the court to allow the overnight visits now, and then reconvene in four months to assess the situation.
Justice Kevin Nicholson agreed, saying he remained concerned about fears expressed, by Mr Eldridge’s family, they may “run into” Simper in the community.
He asked the parties to draft proposed release conditions that would keep the Eldridges informed of Simper’s whereabouts and return to court next week.