Bourke St accused James Gargasoulas spoke of being out of prison in five years, jury told
BOURKE St accused James Gargasoulas told his father he was not mentally ill, but that he would “try and get down to the hospital” because it was better than jail, a jury has heard. Gargasoulas was also recorded saying he would be out in five years.
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BOURKE St accused James Gargasoulas planned on being out of prison in just five years following the deadly rampage, a Supreme Court jury has heard.
In a series of recorded prison phone calls to his parents since his arrest Mr Gargasoulas discussed a possible mental impairment defence in a bid to secure a get out of jail card.
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“They reckon if I get found mentally impaired I’ll be out in five years,” he said in a call to his father in February.
“If I’m not found mentally impaired I’m looking at 24 to 30 years or something like that,” he said.
Mr Gargasoulas also told his father “they all think I’m mentally ill. I’m not mentally ill. I’m going to try and get down to the hospital. It’s better than jail.”
In a call just weeks after the January 20, 2017, incident he told his father: “I’ve ruined my life. It will be a long sentence if I plead guilty.”
But in another to his mother in June last year he said: “If I play my cards right it will be all right.”
Director of Public Prosecutions Kerri Judd, QC, said the calls were evidence that he has the capacity for rational thought.
But forensic psychiatrist Dr Lester Walton, the first witness in a trial to determine whether Mr Gargasoulas is fit for trial, said the comments couldn’t be taken in isolation.
“His stated belief that he’ll get out of a mental hospital in five years is utter nonsense,” Dr Walton said.
Dr Walton said in his most recent assessment of Mr Gargasoulas he had expressed the view that he wanted to be found fit for trial so people would take him seriously.
Only then would people believe that Mr Gargasoulas was a king capable of saving the world, Dr Walton said.
He had been left embarrassed by suggestions he was delusional and had a low intellect, he said.
The experienced forensic psychiatrist also said Mr Gargasoulas now had a preference for jail, having spent some time at Thomas Embling Psychiatric Hospital.
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He said Mr Gargasoulas was “waiting for a divine inspirational sign” to proclaim Messianic and other beliefs.
Dr Walton said Mr Gargasoulas had planned to do that during the Supreme Court trial but had reconsidered out of concern for the relatives of his victims who may be in court.
The jury has been told Mr Gargasoulas would be presumed fit to stand trial unless they agree he was unable to either:
UNDERSTAND the nature of the charge;
ENTER a plea;
EXERCISE the right to veto a jury member;
UNDERSTAND the nature of the trial, including the roles played by the judge, jury and counsel;
FOLLOW the course of the trial;
UNDERSTAND the substantial effect of evidence in the case or;
INSTRUCT counsel and make their version of events known to the court.
To find him unfit for trial the jury must be convinced on the balance of probabilities that Mr Gargasoulas is unable to meet one or more of those minimum standards.
The hearing, before Justice Mark Weinberg, continues.