Austin Smith, 23, accused of murdering grandfather and stabbing grandmother ‘too ill’ for trial

A man accused of killing his grandfather and injuring his grandmother was mentally incompetent at the time and is too ill to stand trial, experts have told the court.

A man accused of murdering his grandfather and injuring his grandmother was, experts say, mentally incompetent at the time and remains so ill he cannot stand trial, a court has heard.

On Tuesday, prosecutors asked the Supreme Court for time to finalise their position on the case against Austin Smith, following the filing of mental health reports.

Justice Kevin Nicholson asked if the situation was “confused”, but prosecutor Alex Rathbone said it was “reasonably clear”.

“Bottom line, Mr Smith is considered by both medical experts to not be fit to plead and to have been mentally incompetent at the time of the offending,” she said.

“I’ve done an analysis of the reports and committed that to writing for consideration.

“At the end of the day, the Director (of Public Prosecutions, Martin Hinton SC) will have to consider this himself and give instructions.”

Mr Smith, 23, was arrested in June 2020 and charged with the murder of his grandfather and intentionally causing serious harm to his grandmother.

Austin Smith. Picture: Facebook.

The charges arise from an incident in which, prosecutors alleged, Mr Smith stabbed Stanley Broadwood, 81, in his home on Bond St, McLaren Vale.

They further alleged Mr Broadwood’s wife Marie, 78, ran from the house to summon help – she was later hospitalised with serious injuries.

Mr Smith – who was allegedly living with the couple at the time – has been held in the secure James Nash House mental health facility since his arrest.

In November 2020, his counsel told the Adelaide Magistrates Court that Mr Smith was undergoing assessment to determine if he was mentally fit to stand trial.

If Mr Smith is found not guilty of the charges by reason of mental incompetence, he will receive a “limiting term” instead of a sentence.

A limiting term is a period under mental health supervision equal to the jail term an unaffected person would receive.

For incidents of murder, the automatic limiting term is life and can be served in a secure facility, in the community or a combination of both.

On Tuesday, Greg Mead SC, for Mr Smith, said he did not oppose an adjournment in order to resolve the matter without trial.

Justice Nicholson remanded Mr Smith in custody to face court again next month.