Hearing to decide if accused Bourke St killer Dimitrious Gargasoulas will stand trial
THE accused Bourke Street killer is so mentally unwell he cannot properly instruct his lawyers and is unfit to stand trial, his legal team has told a Supreme Court jury.
Law & Order
Don't miss out on the headlines from Law & Order. Followed categories will be added to My News.
THE accused Bourke Street killer is so mentally unwell he cannot properly instruct his lawyers and is unfit to stand trial, his legal team has told a Supreme Court jury.
The jury, empanelled on Tuesday, must decide whether Dimitrious Gargasoulas is fit to stand trial on six counts of murder and 28 counts of attempted murder over last January’s incident.
Justice Lex Lasry told them they were not there to decide whether Gargasoulas was responsible for the offences with which he is charged.
“(You will decide) whether the accused is unable to understand the case against him or if he is able to meaningfully participate in a trial,” he said.
Prosecutor Andrew Tinney, SC, told the jury that under the law the onus fell on Gargasoulas’s lawyers to establish that he was unfit to face trial.
“The prosecution position will be very clear,” he said.
“The prosecution challenge the defence contention that the accused is unfit … The fact that he suffers an illness does not mean he is not fit to stand trial,” Mr Tinney said.
Dr Theo Alexander, for Gargasoulas, said he should be declared unfit under the Crimes (Mental Impairment and Unfitness to be Tried) Act.
Dr Alexander said though “mental illness was not in its self sufficient” to avoid a trial, Gargasoulas was unfit because he was unable to enter a plea or understand the evidence against him and could not properly instruct his lawyers.
“Mr Gargasoulas is, mentally speaking, not a well man. You’ll hear evidence about that in due course,” he said.
The jury heard that three psychiatrists and a psychologist would be called.
The experts are divided about whether Gargasoulas is fit enough to be tried, the jury was told.
The hearing is expected to run for up to five days.
The morning session of the case had been adjourned until after lunch because of confusion about whether Gargasoulas was to appear in person or via video link.
MORE HERALD SUN
SHOPPING CENTRE COPS BACKLASH OVER PRIVACY CONCERNS