Alleged wife-killer Frank Dimasi ‘palliative, can’t move, intensely agitated’

A court has been given insight into the health of “Nonna” Maria Dimasi’s alleged killer husband as authorities grapple with where to house him.

An elderly man charged with the “frenzied” murder of his wife is being cared for “in a palliative manner” in hospital, incapable of independent movement and should be in aged care, a court has heard.

The Adelaide Magistrates Court has also heard Frank Dimasi’s lawyer is “not even trying to obtain instructions” from him about the case, given his current state of wellbeing.

Trish Johnson, for Mr Dimasi, asked the court to consider releasing her client on bail – calling it a “technicality” that would make “little difference” to him personally nor his liberty.

Frank Dimasi is charged with the alleged murder of his wife Maria Dimasi, left. Picture: 9News

“There’s pressure from the Department for Correctional Services to have him placed on bail, because he’s taking up a hospital bed and is required to be guarded at all times,” she said.

“He’s being cared for in a palliative manner … bail would see him moved to an aged care facility … SA Health, meanwhile, says he can remain in that hospital bed.

“There seems to be some tension between what Corrections and Health are saying … it’s very rare for Corrections to say they can’t look after a person.

“None of this causes problems for Mr Dimasi, only for resourcing.”

Maria Dimasi was a beloved member of the community. Picture Nine 2.JPG

Mr Dimasi, 92, of Findon, was arrested in December last year and charged with having murdered Mrs Dimasi, 85.

Previously, the court has 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, his counsel flagged a possible mental incompetence defence saying he was “probably unfit to stand trial”.

A person found unfit to stand trial is declared, by a court, to be not guilty due to mental incompetence.

Instead of a prison sentence, they are subject to a limiting term – or period under mental health treatment – equal to the jail term they would have received.

For murder, the limiting term is life, and that can be served in a secure facility, in the community under supervision, or a mixture of both.

On Wednesday, Magistrate John Wells said bailing Mr Dimasi to an aged care facility carried issues of its own.

“I’m concerned about his risk to other people in such a facility (and) his behavioural presentation,” he said.

Ms Johnson said reports tendered so far suggested that was not a concern.

“From my reading of the report he can no longer move independently,” she said.

“I can say now he will not be entering a plea (to the charge), I’m not even trying to obtain instructions.”

Mr Wells said the report was not so clear-cut.

“It says he becomes ‘intensely distressed and agitated’ … whether that’s more internal or something directed at others is something I need to know more about,” he said.

He ordered Corrections, Health and the SA Forensic Mental Health Service be consulted, and a report authored, and remanded Mr Dimasi in custody until later this month.