Slain Adelaide Crows coach Phil Walsh’s son, Cy Walsh, was mentally ill at the time he stabbed his father to death, DPP concedes
THE son of slain Adelaide Crows coach Phil Walsh will not face trial for murder because he was mentally ill at the time he stabbed his father to death in their Somerton Park home, prosecutors will concede.
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THE son of slain Adelaide Crows coach Phil Walsh was mentally incompetent at the time the crime was committed, prosecutors will concede.
In the Supreme Court on Friday, prosecutors told Justice Anne Bampton they were prepared to accept Cy Jacob Walsh was affected by mental issues when his father died in their Somerton Park home in the early hours of Friday, July 3 last year.
Walsh, who appeared by video link from the state’s maximum security psychiatric facility, James Nash House, showed little reaction to the announcement.
“I can indicate that the Director (of Public Prosecutions) will concede that Walsh was mentally incompetent at the time of the offence,” said Lucy Boord, prosecuting.
“I understand there will be a similar concession down the track, in relation to the objective elements.”
The foreshadowed concessions mean that Walsh, 27, will not face trial.
Instead, prosecutors will agree Walsh cannot be found guilty by reason of the mental incompetence he was experiencing at the time of the crime.
They and defence counsel are also likely to agree upon the facts surrounding the manner in which Phil Walsh died — most of which is suppressed from publication by court order.
It also means that instead of prison, Cy Walsh will remain under mental health supervision for the rest of his life, initially at James Nash House.
State law allows a person under mental health supervision to also serve portions of that period in the community if a court determines they no longer pose a risk.
Despite the ongoing suppression orders, Justice Bampton permitted publication of the DPP’s foreshadowed concessions because they were indicated in open court.
Ms Boord told Justice Bampton that prosecutors had asked for the hearing to be opened to the public.
The suppression orders will be reviewed on September 28, when Walsh faces a one-day hearing regarding both his mental competency and the events of the alleged offence.
The timing of that hearing means the full scope of the case against Walsh, and the circumstances of his father’s tragic death, will become public just 72 hours before the AFL Grand Final.
It remains to be seen whether the AFL or the Crows — currently third on the ladder — have available to them any legal avenue to seek to have that hearing postponed until after the game.
For the purposes of sentencing, state law considers a victim to be someone who has “suffered injury, loss or damage” resulting from a criminal offence.
The definitions of “injury, loss or damage” have been the subject of debate within legal circles for many years.
In 2012, prosecutors and victims’ rights advocates clashed over the extent to which victims could speak freely, about their feelings toward offenders, in their impact statements.
After the hearing, Director of Public Prosecutions Adam Kimber SC issued a written statement to The Advertiser.
“Today the prosecution advised the Supreme Court that it will not oppose the court finding Mr Cy Walsh was mentally incompetent at the time of the death of Mr Phil Walsh,” Mr Kimber said.
“The prosecution’s position has been reached after reviewing all relevant material gathered by SAPOL in the course of its investigation, the reports of the forensic psychiatrists who have examined Mr Cy Walsh and following consultation with relevant parties. I emphasise that no finding has yet been made by the Court.
“Mr Phil Walsh’s wife has advised that she does not wish to be contacted by the media. I ask that her wishes be respected. I do not propose to make any further comment.”
Phil Walsh was stabbed multiple times in his bed following an alleged altercation with his son.
His wife, Meredith, who suffered a minor wound to her leg, called emergency services to the house.
Police arrested Cy Walsh at a friend’s house at Glenelg East a short time later.
Before his death Phil Walsh spoke of wanting to “reconnect” with his son, whose online accounts described a seemingly idyllic lifestyle combining family time with travel.
Cy Walsh was detained at James Nash House, where he pleaded not guilty by video link to his father’s murder.
Under state law, a person found not guilty by reason of mental incompetence is liable to a limiting term, which is a period in health detention equal to a jail sentence.
In February, prosecutors refused to concede Walsh was mentally ill and a trial option remained, pending further investigation of issues of drug-induced psychosis.
That decision sent the case into a series of closed court directions hearings, where pre-trial matters are discussed — including the authoring of multiple expert mental health reports.
The prosecution case rests on more than 80 statements from Walsh’s family and friends, both in Adelaide and interstate.
Other witnesses include university staff, counsellors, police officers, pathologists and past and present players for both the Adelaide and Port Adelaide football clubs.
The case also involves CCTV footage and photos, including pictures of the crime scene dubbed “too sensitive for publication” by prosecutors.
On Friday, Ms Boord asked the case be adjourned until September and asked the existing suppression orders remain in force until that date.
She said they could be argued, and go under review, once the major issues in the case had been determined.
Trish Johnson, for Walsh, agreed that was the appropriate course.
Justice Bampton remanded Walsh in custody.
PHIL WALSH’S CAREER
1983: Made VFL debut with Collingwood, played 22 games
1984: Moved to Richmond, playing 40 games over three seasons
1987: Moved to Brisbane Bears, playing 60 games over four seasons
1995-98: Strength and conditioning coach at Geelong
1999-2008: Midfield assistant coach at Port Adelaide
2004: AFL Coaches Association Assistant Coach of the Year
2009-2013: Strategy & innovation coach at West Coast
2014: Midfield manager at Port Adelaide
2015: Senior coach at Adelaide