Alleged wife killer Frank Dimasi being restrained “once or twice a week” in hospital, court told
A court has heard Maria “Nonna” Dimasi’s alleged killer is deteriorating in hospital – and he’s been ordered to stand trial despite entering no plea.
Police & Courts
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A man has been ordered to stand trial over the alleged murder of his wife – despite not entering a plea and “not understanding there’s court proceedings taking place”.
The Adelaide Magistrates Court has also heard Francesco “Frank” Dimasi is so violent in hospital that an armed guard must intervene “once or twice a week” on behalf of nurses.
Mr Dimasi, 92, was excused from attending a hearing on Tuesday at which he was scheduled to enter his plea to the charge of having murdered his wife Maria “Nonna” Dimasi.
Trish Johnson, for Mr Dimasi, responded to the allegation on her client’s behalf.
“No plea is to be entered, but we concede that there is a case to answer and are happy for this to be committed up to the Supreme Court,” she said.
The state’s chief magistrate, Judge Mary-Louise Hribal, ordered Mr Dimasi be “committed to the Supreme Court for arraignment and trial”, starting with a hearing in August.
Mr Dimasi, of Findon, was arrested in December last year and charged with having murdered Mrs Dimasi, 85, with 76 “sharp-force injuries”.
Previously, the court had heard that, at the time, he had a blood-alcohol level more than four times the legal limit, and told police Mrs Dimasi “deserved it”.
Mr Dimasi’s poor health has seen him miss court and, in May, Ms Johnson flagged a possible mental incompetence defence saying he was “probably unfit to stand trial”.
In June, she said he was being cared for “in a palliative manner” in hospital, incapable of independent movement and should be moved to an aged care facility.
That transfer bid was refused after a report revealed Mr Dimasi’s “declining mental health, increased paranoia and increasing verbal aggression”.
On Tuesday, Ms Johnson asked Mr Dimasi be granted bail, but remain in the medical facility where he is currently housed.
That would, she said, mean Correctional Services Staff would no longer have to monitor him 24-7, and that he could apply to be transferred to aged care as soon as a bed was available.
A prosecutor objected, arguing the court could not be satisfied Mr Dimasi did not pose a risk to the public.
“The report indicates that, one to two times per week, a security officer is required to assist the nursing staff,” she said.
“It’s unclear what security measures would be in place if the Correctional Services officer were not present.”
Ms Johnson said Mr Dimasi “would be treated like anyone else … a Code Black would be called and three security guards would come running”.
Judge Hribal said “the difference” with Mr Dimasi was “he is charged with murder”.
She said she was prepared to grant bail, but ordered Mr Dimasi not be moved to aged care without the court’s express “oversight”.
She asked who would sign Mr Dimasi’s bail papers, given the “deteriorating” state of his health.
“Even if he puts an X on it, frankly, it’s meaningless,” Ms Johnson replied.
“I think he’s at the point where he doesn’t understand there’s court proceedings taking place.”
Mr Dimasi will face the Supreme Court in September.