Frank Dimasi’s murder charge over wife Maria’s stabbing delayed by SA courts mental health logjam

Doctors won’t see an elderly man accused of his wife’s murder unless taxpayers bear the cost, a court has heard, in a move a judge labelled “extraordinary”.

A backlog of criminal cases means no mental health expert will see an elderly man accused of murdering his wife, a court has heard, in a development a judge has labelled “extraordinary”.

On Monday, the Supreme Court was asked to excuse Frank Dimasi’s non-attendance and order a report – at taxpayer’s expense – about his fitness to stand trial.

Trish Johnson, for Mr Dimasi, apologised for the situation but said there was nothing more she could do without the court’s intervention.

“Funding has been obtained to provide a report but there’s no experts available, they are all too busy,” she said.

“They all work at James Nash House, and none of them are taking private assignments at the moment because they are behind on their court-ordered reports as it is.

“They simply can’t keep up with the workload, so none of the experts are prepared to conduct an assessment for me, rather than for the court.”

Maria Dimasi was found dead at her Findon home. Picture: Nine News

Justice Sandi McDonald replied: “That’s extraordinary … while there is funding in place, the cost will now be coming from the court’s.”

Mr Dimasi, 92, was remanded for trial without plea on allegations of having murdered Mrs Dimasi, 85, with 76 “sharp-force injuries”.

The court has previously heard he had a blood-alcohol level more than four times the legal limit, and told police Mrs Dimasi “deserved it”, at the time.

Frank Dimasi is charged with attempted murder. Picture: Nine News

It has also heard he has “no understanding” of the court process taking place due to dementia, and is being cared for “in a palliative manner”.

On Monday, Mr Johnson said her client remained in care and was not well enough to attend court, even by video link.

“I’m acting under my discretion under (mental health law) … no plea has been entered and nor, in my view, should one be entered,” she said.

“I believe there’s grounds to believe my client might be unfit to stand trial … his fitness needs to be explored.”

She said there was “really no way around” the issue without the court requesting the report, from either a neuropsychologist or “a psychiatrist that specialises in geriatrics”.

“There’s a difference in the funding amount (for reports) between legal aid and what a court pays,” she said.

“It’s an issue that we can’t resolve.”

Justice McDonald excused Mr Dimasi from the hearing, ordered the report and remanded the matter until December.