Francesco Dimasi, 92, found not guilty of murdering wife Maria ‘Nonna’ Dimasi, declared mentally unfit to stand trial

The 92-year-old, dementia-riddled husband of Maria “Nonna” Dimasi killed her “knowingly”, and was mentally fit at the time of the attack, but will not face a murder trial. This is why.

The husband of a well-known South Australian hospitality figure who stabbed his wife to death did so “knowingly”, and not as result of a dementia diagnosis, a court has ruled.

The heartbroken children of Maria “Nonna” Dimasi say they “can’t forgive” their father for stabbing her to death in December 2023. But on Friday, the South Australian Supreme Court ruled Francesco Dimasi, 92, will not have to face a murder trial for killing the 85-year-old.

However, it did rule he was mentally competent when he committed the crime itself.

Justice Sandi McDonald said both defence counsel and prosecutors had, after psychiatric evaluation of Mr Dimasi, agreed he was not mentally fit to stand trial – but that he was mentally fit when he killed his wife.

Maria Dimasi died in December 2023. Picture: Supplied by family

Francesco ‘Frank’ Dimasi has been found not guilty of the murder of his wife Maria Dimasi by way of mental incompetence. Picture: 9News

Justice McDonald, however, said she was satisfied beyond reasonable doubt that the elements of murder – that Mr Dimasi had killed his wife, and that he had done so unlawfully – were satisfied.

The court heard that on the evening of December 2, 2023, Mr Dimasi had phoned emergency services and said he had killed his wife.

On their arrival at their Findon home, Mr Dimasi was found sitting in his walker, covered in blood spatter, with a kitchen knife found nearby.

An empty spirits bottle was located – and a blood-alcohol test revealed Mr Dimasi had a reading of 0.26-0.30 per cent.

Mrs Dimasi was found on the bed, and was declared dead at the scene after suffering multiple stab wounds to the body.

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

Justice McDonald said that a psychiatrist who examined Mr Dimasi found he was alert but confused, and unable to answer simple questions.

“Mr Dimasi is completely unable to instruct his lawyer, and unable to engage in any conversation around his court matter,” she said.

“On the basis of the material before me, I find that Mr Dimasi is mentally unfit to stand trial.”

She set a limiting term of “life”, which is “equivalent to the period of imprisonment or supervision that would have been appropriate if the defendant had been convicted of the offence.”

The decision to find him mentally fit at the time of the offending came as a relief for the rest of the Dimasi family.

Maria Dimasi’s children Reverend Carmel Ieraci and Vince Dimasi outside court.

Maria’s daughter Reverend Carmel Ieraci said the reports that their father had killed their mother as a result of his dementia diagnosis were simply not true.

“For our family, we believe that the injustice of the act, the heinous crime, was reported incorrectly and stated as a dementia related death,” Reverend Ieraci said.

“This has proven, without a doubt, that it was not. That it was intended, and it was done so knowingly. We feel some sort of peace in knowing the truth has prevailed.”

“It is difficult to reconcile an evil act,” Maria’s son Vince Dimasi said.

“Our mother did so much, not only for our family but for her husband during her lifetime, and for us, we grieve our mother immensely and I can only say that we can’t forgive the evil act that took place in December 2023.”

Although she did not comment on her parents’ relationship, Reverend Ieraci said awareness of domestic violence “needs to be promoted, because of the prevalence in which it is being perpetrated”.

The case will return to court in April where Justice McDonald will hear submissions on how Mr Dimasi should be treated going forward.

Originally published as Francesco Dimasi, 92, found not guilty of murdering wife Maria ‘Nonna’ Dimasi, declared mentally unfit to stand trial