Cy Jacob Walsh not guilty by reason of mental incompetence
FORMER Adelaide Crows coach Phil Walsh was killed by his son, Cy. Today a court found Cy not guilty, due to his mental state at the time of the slaying.
- Explained: How mental incompetence laws work
- Analysis: Why Phil Walsh’s death is, legally, not a murder
- An outpouring of grief — how SA mourned Phil Walsh
- “Have I been a good father?” Phil Walsh’s last interview
FORMER Adelaide Crows coach Phil Walsh was stabbed 20 times, but not murdered, because his son Cy was affected by undiagnosed, untreated schizophrenia, a court has ruled.
After 14 months of speculation, the Supreme Court on Wednesday confirmed Walsh, 27, was not intoxicated by drugs when he attacked his father, inflicting at least two fatal wounds.
It found his fatal assault upon his father was driven by nothing other than a mental illness so severe that he was unable to comprehend the wrongfulness of his actions.
Cy’s mother, Meredith, used her victim impact statement to call for greater transparency from the mental health system and an end to the culture of privacy that kept families in the dark.
She said families should be told when their loved ones were struggling with mental health issues, regardless of the age of that person, as ignorance could have tragic consequences.
“My heart remains broken, our daughter is devastated by the loss of her father,” her statement, read to the court, said.
“Our son Cy is also shattered by what happened and has to live with the consequences of his illness — an illness that has destroyed our loving family.
“We now all live with the devastating consequences of a mental illness that was not understood.”
READ THE FULL CY WALSH JUDGMENT HERE
Ms Walsh said that, because Cy was an adult, medical professionals had followed the law and not made her or her husband aware whether he was abiding by treatment plans.
“There were two occasions that doctors told Cy, a mentally ill patient, to continue to take his medications,” she said.
“Because he was an adult, the medical profession — as the law allows — didn’t involve any other person with his health care because he was classified as an adult.
“This is where privacy issues must be reviewed in these types of cases where someone’s mental state is gradually escalating and putting themselves or others at risk.
“Family need to be informed of what people need and to be advised of the importance of them being compliant.”
She said she knew of other families who, like hers, had “struggled to be part” of a loved one’s treatment and recovery “because they are excluded by privacy and confidentiality issues.
“There are other families, just like ours, whose lack of relevant information has devastating consequences,” she said.
“I will continue to love and support our son as his father and I have always done.”
Walsh, who appeared by video link wearing a light blue long-sleeve shirt and blue striped tie, appeared to listen intently to his mother’s statement.
The court’s formal acceptance of Cy’s plea of not guilty to murder, by reason of mental incompetence, means he will not face trial — nor will he receive a jail sentence.
Instead, Justice Anne Bampton ordered he spend the rest of his life under a limiting term — a period of mental health supervision equal to the jail term a mentally well person would receive.
It is likely he will spend some of that period in the state’s secure mental health facility, James Nash House, where he has been held since stabbing his father on July 3 last year.
However, the possibility exists for him to be released into the community at a later stage — under supervision, with continued treatment — should doctors agree that will be beneficial to him.
Phil Walsh was stabbed 20 times in his bed following an alleged altercation with his son at their Somerton Park home in the early hours of Friday, July 3 last year.
His wife, 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.
In February, prosecutors refused to concede Walsh was mentally ill and a trial option remained, pending further investigation of issues of drug-induced psychosis.
Their case rested on more than 80 statements from Walsh’s family and friends, both in Adelaide and interstate.
Other witnesses included university staff, counsellors, police officers, pathologists and past and present players for both the Adelaide and Port Adelaide football clubs.
The case also involved CCTV footage and photos, including pictures of the crime scene dubbed “too sensitive for publication” by prosecutors.
On Wednesday, prosecutor Lucy Boord said three forensic psychiatrists agreed Cy Walsh was mentally incompetent at the time of the offence, and that she accepted their opinions.
Counsel for Walsh said they accepted both the opinions of the psychiatrists and the entirety of the prosecution case.
Justice Bampton then undertook a formal investigation into Cy’s mental health, as required by state law, based on written submissions from both counsel and the experts’ reports.
“Each psychiatrist has expressed the opinion that Walsh was suffering schizophrenia and, at the time of the conduct alleged to give rise to the offence, was actively psychotic,” she said.
“They are all of the opinion that he suffered from mental incompetence at the time of the conduct such that he was unable to reason, with a moderate degree of sense and composure, about the wrongfulness of his actions.
“I accept the toxicology evidence regarding tests performed on blood, urine and hair samples taken from Walsh following the conduct which confirm he was not intoxicated by any substance at the time of the conduct.
“I find that Walsh was not labouring under a drug-induced psychosis at the time of the conduct.
“I find he was suffering from a psychotic episode as a result of schizophrenia which, at the time of the conduct, was undiagnosed and untreated.”
Based on the evidence and defence counsel’s concession, Justice Bampton said she was satisfied beyond reasonable doubt that Cy’s actions on the night of the incident met the legal test for murder.
“Walsh stabbed his father 20 times, and at least two of those stab wounds were a substantial cause of death,” she said.
Justice Bampton imposed a lifelong limiting term, and ordered reports from mental health experts regarding Cy’s future treatment.
She adjourned further hearing of those issues until December.
However, the case will come back on Wednesday afternoon for debate and decision about the future of suppression orders covering many aspects of the case.