Dementia patient Nicolaos Malandris, charged with attempted murder of wife, seeks bail to reside in mental health facility

An elderly man accused of trying to kill his wife could escape from hospital and ‘finish the job’ if he’s granted home detention bail, a court has heard.

There are grave concerns an elderly dementia patient accused of trying to kill his 85-year-old wife could escape from hospital and “finish the job”, if he’s granted home detention bail, a court has heard.

Nicolaos Malandris, who lives with dementia and is currently hospitalised at the Queen Elizabeth Hospital, was excused from attending the Adelaide Magistrates Court on Wednesday in front of Magistrate Brian Nitschke.

Mr Malandris, of Wingfield, is yet to enter any pleas to one count each of attempted murder and aggravated cause serious harm with intent.

At Mr Malandris’s last appearance, his counsel Vageli Dimou asked the court to order a bail inquiry report because, due to his custody status, his pension had been cut off and he was not able to engage with aged-care services.

On Wednesday, during an ongoing bail application hearing, Mr Dimou submitted his client would remain in a mental health facility at the Queen Elizabeth Hospital for “the foreseeable future” should he be released on home detention bail – undergoing treatment for his dementia “for the rest of his life”.

An elderly woman has been rushed to hospital with serious injuries after an assault at Wingfield, Adelaide. Picture: Nine News

An elderly woman has been rushed to hospital with serious injuries after an assault at Wingfield, Adelaide. Picture: Nine News

However, prosecution told Mr Nitschke they were opposed to the application on “its current form”, and were concerned for the safety of Mr Malandris’ alleged victim.

“I also oppose the submission made by my friend that there is no ongoing risk,” they said. “The report clearly expresses high risks of harm to the victim in this matter – his wife.

“The risk is that he does leave the facility and finish the job he started, so to say.

“I am aware that even though it is a highly secure facility – and there’s been no allegations relating to this defendant – it is not an uncommon incidence at that secure ward that people leave. It is something that occurs within that ward, that people do escape.”

Mr Malandris was arrested after SA Police were called to a home at Fourth St, Wingfield, in September over reports of a domestic disturbance.

He had no injuries but a woman inside the home was taken to hospital with serious injuries.

On Wednesday, Mr Nitschke told Mr Dimou he had “a community to protect”, and asked: “What’s the difference whether he’s on bail or not at this stage?

“It would appear relatively clear that this man – perhaps by way of his advanced dementia – has committed very serious violence on at least one person,” Mr Nitschke said.

“At the moment, by his being on custody, it would appear that risk to that person – but the community more generally – is also minimised.

“It’s that question of well, if that’s so now, why should it be changed?”

Mr Nitschke ordered a further bail inquiry report and remanded Mr Malandris in custody until early next year.