Bankin’ Beans cafe: Manning Francis not guilty of attack
A Bega man was suffering from psychosis and could “not interpret reality” when he attacked a cafe owner with a claw hammer.
The South Coast News
Don't miss out on the headlines from The South Coast News. Followed categories will be added to My News.
- 'My guts are hanging out': Horrific injuries after mate stabbed mate
- $129m for new fire trucks, mental health support after Black Summer Bushfires
- Nurse ‘destroyed’ career after cash stolen from dying patient’s bedside
A Bega man has been found not guilty of attacking a cafe owner with a claw hammer due to mental impairment in a judge-alone trial.
Manning Francis, 25, who had pleaded not guilty to wounding with intent to cause grievous bodily harm and resisting police, appeared in Bega District Court via audio video link from Nowra on October 22, and was at one stage heard to say “sorry” to his victim Wendy Holzhauser.
District Court Judge Andrew Haesler said two forensic psychiatrists had provided evidence Francis had a longstanding condition and was beyond reasonable doubt suffering from psychosis when the attack took place.
Judge Haesler said Francis had woken up at 4am on the morning of the attack “with a sense of foreboding”, and was “convinced someone was going to harm him”.
“He just panicked,” the judge told the court.
Judge Haesler said Francis “could not interpret reality” at the time of the offences, adding he will not be released until he proves he is fit to be released from Hamden mental health accommodation at Silverwater Correctional Complex.
The court heard Ms Holzhauser, 53, was returning to her Bankin’ Beans cafe inside Bega’s Bendigo Bank after having a cigarette with a customer shortly before 6am on September 5 last year, when she was struck multiple times to the head and back by Francis who was wielding a claw hammer.
The court heard three Roads and Maritime Services employees, who Francis had walked past to reach his victim, managed to wrestle Francis to the ground for ten minutes until police arrived.
One witness told the court it took all three men to hold Francis down, while another said Francis had said something about “the President” and a “s****** job at the cheese factory” as he was being pinned to the ground.
“It was just garbage, it was just mess,” the witness told the court.
Another witness said Francis was “ranting and raving” and mentioned “something about his father” after the attack.
Ms Holzhauser told the court she heard someone call out her name before feeling a “blunt hit” to her ear. “There were a couple more hits,” she told the court, and as she bent over to protect her head she was struck multiple times to the back with each strike lessening in force.
She told the court she remembered hearing Francis tell her to “getaway” and “move” during the attack, while feeling some grabbing her by the shirt, preventing her from moving.
“I think he (Francis) said ‘she has to die’,” she told the court.
“I remember at one stage my shirt nearly choked me because I was trying to get away.”
She was taken to the South East Regional Hospital where she required stitches to her earlobe, and described having permanent nerve damage to her face, and suffering from permanent headaches and migraines since the attack.
Francis, who the court heard had not been taking his medication at the time of the attack, was taken to Bega’s South East Regional Hospital where he was examined before being released and arrested, the court heard.
Judge Haesler told the court Francis suffers from a longstanding condition, comes from a family with a genetic predisposition to mental health issues, and may have a developmental disorder or Asperger syndrome.
He told the court two forensic psychiatrists had also pointed to the possibility of schizophrenia and schizoaffective disorder.
Judge Haesler told the court Francis was “making slow progress” in his treatment, and it had taken three months for him to see a mental health professional while on remand at Silverwater Correctional Complex.
He commended the witnesses for their actions in helping Ms Holzhauser on the day.