Bourke St killer James ‘Dimitrious’ Gargasoulas should never be released, prosecution argues
Evil Bourke St killer James “Dimitrious” Gargasoulas should be locked up for life with no chance of parole for his “unspeakable crimes”, the prosecution says.
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Evil Bourke St killer James Gargasoulas should be jailed for life with no chance of parole for his “unspeakable crimes”, the prosecution says.
Gargasoulas, 29, faced the Supreme Court on Tuesday for the first time since he was found guilty in November of six counts of murder and 27 counts of reckless conduct endangering life.
The prosecution’s outline of submissions, tendered in court and released to the Herald Sun, argued that the murderer should never be released after he deliberately drove his car into pedestrians in Bourke St Mall on January 20, 2017.
BOURKE ST KILLER JAMES GARGASOULAS TO HEAR PAIN HE HAS CAUSED
JAMES GARGASOULAS GUILTY: TRIAL OF BOURKE ST RAMPAGE OVER
THE VICTIMS OF THE BOURKE ST CAR ATTACK
“These crimes represent the worst examples of murder in Victoria,” the prosecution said.
“The offending involved unspeakable disregard for the sanctity of human life.
“The conduct of the prisoner was deliberate, calculated and terrifying. In his attempt to evade and disrupt his imminent capture and arrest, the prisoner drove through the most populous part of the Melbourne CBD on the pavement and through the Bourke St Mall at a time when it was likely to be very crowded.
“Like the unspeakable crimes committed by Martin Bryant at Port Arthur, Bourke St, Melbourne, will never be the same again.”
Gargasoulas accepted he was facing a life sentence, but sought a non-parole period.
Six lives were taken in his rampage: three-month-old Zachary Matthew-Bryant; schoolgirl Thalia Hakin, 10; Sydney insurance consultant Jessica Mudie, 22; architect Matthew Si, 33; financial consultant Bhavita Patel, 33; and Japanese student Yosuke Kanno, 25.
Gargasoulas sat quietly in the dock, bouncing his leg, as the families of some of the victims bravely told how his actions had changed their lives forever.
Ms Mudie’s mother Robyn Davis detailed the horror of getting a late-night phone call to say her daughter had died while on a work trip in Melbourne.
“Never in my wildest nightmares did I ever think I would have to bury one of my precious children,” she said.
“My beautiful blonde green-eyed girl is gone from us forever. She was 22 and had her whole life ahead of her.”
Addressing her daughter’s killer, she told him she would never forgive him.
“I hope the justice system prevails,” Ms Davis said.
Ms Patel’s brother Mitesh Patel revealed how his family had been “ripped apart” since losing his only sister. She was in a coma for 10 days after the rampage before they had to say goodbye.
“Losing my sister has left a gaping hole in my life,” Mr Patel, 32, said. “For so long I wished I could have taken her place.”
The family of Yosuke Kanno — one of the first to be struck and killed by Gargasoulas — revealed their regret in allowing him to come to Melbourne to study.
“With no apology from the accused, both my wife and I continue to live in sorrow,” his father Masayuki Kanno said.
Their outpouring of grief came on the first day of a three-day pre-sentence hearing, where some 50 victim impact statements are expected to be heard.
Gargasoulas’s shocking criminal history was outlined in the prosecution submissions. From 2009 to 2014, he faced court for more than 20 offences including assault, driving while disqualified, recklessly causing injury, affray, reckless conduct endangering serious injury, assault to prevent lawful detention, escaping from police and aggravated burglary.
It was also revealed that two days before his Bourke St rampage, he interrupted a church service to proclaim that judgment day was coming.
He said he needed to both warn and save the world.
In defence submissions, Gargasoulas had said he was easily distracted at school and was an attention seeker. At the age of 14 he took a stick of gelignite to school.
At the age of 18 he moved from Coober Pedy, where he was raised, to Melbourne and hit the club scene and started taking drugs. His criminal behaviour escalated.
In November 2016, he claims, he felt “a life-altering experience” when he believed he had been told “he was gifted and that he may have the God gene”.
His lawyers argue Gargasoulas’s mental state reduces his moral culpability. And while they agreed a life sentence was appropriate, they pleaded for a non-parole period to be fixed.
“In a crime of this magnitude, and in the circumstances of death and devastation which accompanied it, it is accepted that there can be no other disposition than a life sentence,” the defence documents revealed.
The court documents revealed that despite his incarceration at Thomas Embling Hospital Gargasoulas was treatment-resistant.
“The psychotic features of the diagnosis remain,” defence submissions said.
The pre-sentence hearing continues.
VICTIM IMPACT STATEMENTS
Jessica Elizabeth Mudie, 22
Jessica’s mum Robyn Davis said the close-knit family’s lives changed forever on January 20, 2017.
“And the following two years has been an absolute nightmare,” she said.
“Never in my wildest nightmares did I ever think I would have to bury one of my precious children.
“My beautiful blonde green-eyed girl is gone from us forever.
“She was 22 and had her whole life ahead of her. I hope the justice system prevails.”
She remembered Jessica, who is a twin and one of six children, as a “beautiful soul”, revealing how family photos would never be the same without her.
Brother Kurt revealed his pain on what was “the hardest time of my life” having to wait five hours at the hospital to find out what had happened to his sister.
“Everything she’d been working so hard for was taken away,” he said.
“She will never be able to explore the world as she wanted … or even have the opportunity to have a family of her own.”
Yosuke Kanno, 25
Through a Japanese interpreter, Yosuke’s parents Masayuki and Minako Kanno said they now viewed Melbourne as an unsafe city after their “beloved son” was killed.
“Yosuke lost his chance to work … helping people who need his help,” Mr Kanno said in his statement.
“With no apology from the accused, both my wife and I continue to live in sorrow.”
He said his wife now preferred to stay at home instead of socialising with friends. She also walked “as far away as possible” from car lanes and is sensitive to the sounds of vehicles.
Brother Junpei Kanno added: “My younger brother came to Melbourne to study English. However, he lost his life in this tragedy. I will continue suffering for the rest of my life.”
He said his brother was the only one to continue the family name, as his wife cannot have children.
“When I think about how the Kanno family name might end with my generation, I feel quite sad.”
Bhavita Patel, 33
Bhavita’s father Ramesh said losing his only daughter had “shattered” his family and made them question their faith. He said they were left asking: “Why was she taken away from us?”
He said it was hard to imagine there would be “no more celebrations of her successes and achievements”.
“She was the gel who kept our family together,” he said.
The Deloitte financial consultant was in a coma for 10 days before succumbing to her injuries, with 50-plus people visiting her daily.
Her brother Mitesh, 32, said: “Losing my sister has left a gaping hole in my life. For so long I wished I could’ve taken her place.”
He said he often can’t sleep and motivation was hard to find. But he found some solace in knowing she had saved lives by donating her organs. “She changed lives even when she was gone,” he said