By Sarah McPhee
Warning: Graphic content
The family of slain paramedic Steven Tougher left a court in tears after hearing horrific details of his stabbing in the car park of Campbelltown McDonald’s by a man who could be found “not criminally responsible” for the killing.
“The saddest part about all of this is if this person had asked my son for help, he would’ve been showered in compassion by that boy, and he would’ve got the absolute best treatment that is available,” his father Jeff Tougher said outside court in Sydney on Monday, flanked by Steven’s wife Madison, sister Jess and mother Jillian. “We know that, and everybody who knew my boy knows that.”
Jordan James Fineanganofo, 23, has pleaded not guilty to murdering 29-year-old Tougher, who was stabbed 55 times in the early hours of April 14 last year. Fineanganofo was set to argue a defence of mental health impairment at trial next week.
However, Crown prosecutor Ken McKay, SC, told Justice David Davies there had been some “developments” and they had reached an agreement with Fineanganofo’s lawyers that the mental health impairment defence had been established.
McKay said psychiatrists for the Crown and defence “both are of the opinion, firstly, that he probably did know the nature and quality of the act, but he did not know the act was wrong”.
Fineanganofo’s barrister Aj Karim said the physical acts were not disputed, and the judge could “confidently find” they had occurred “and have been committed by the accused”.
The prosecutor said the court, after considering the evidence, “may enter a special verdict of act proven but not criminally responsible”. He noted it was for the judge to be “satisfied the opinions of the experts are accepted, and special verdicts are appropriate”.
Outside the NSW Supreme Court, Tougher’s father said decisions had been made and there was not a lot they could do.
“Realistically, we’re not happy. It’s that simple,” he said. “You saw how we reacted. You saw how hard it was for us. It’s just a fact. It’s just so very hard to accept the opinions of others for what it is.”
He said they were hopeful that the judge’s decision on Friday would “get it out of the way, so we can start what we’re about to embark on”.
Summarising the agreed facts, McKay said Tougher and his paramedic partner had been on shift since 7.45pm the previous night and stopped at Campbelltown McDonald’s at about 5.11am for food.
He said Fineanganofo parked next to the ambulance 15 minutes later, approached Tougher armed with a knife and “without saying anything, began stabbing”.
The prosecutor said Tougher said, “What are you doing? Stop stabbing me”, and tried to defend himself by pushing Fineanganofo away, but “could not do anything to escape” as he was “trapped between the ambulance door and the accused”.
The court heard Tougher fell, but the stabbing continued. Tougher’s mother left the court sobbing and was joined by the family in the corridor. It was the first time they had heard the graphic details surrounding Steven’s death.
The court heard others tried to intervene but Fineanganofo walked back to Tougher and said, “I’m going to jail anyway, I may as well kill him”, or, “I’ve got to kill him”.
“Shortly after, the accused said to Mr Tougher, ‘Say you’re sorry to me, say you’re sorry’,” the prosecutor said. He said Tougher replied: “I’m sorry, mate, for whatever you think I’ve done.”
The court heard the attack lasted three minutes and 47 seconds. Tougher suffered a cardiac arrest on the way to hospital and died.
The prosecutor said it appears Fineanganofo “wasn’t taking medication at the time of the offence”.
The court heard various mental health professionals had noted a “first event” of psychosis after an assault involving Fineanganofo in 2021, that he experiences auditory hallucinations, and displays symptoms of a psychotic illness consistent with schizophrenia.
Fineanganofo hung his head for much of Monday’s proceedings and put his hands over his face.
He also pleaded not guilty to five other charges of using an offensive weapon, larceny, intentionally damaging property and intimidation, related to incidents at Bunnings Campbelltown and 7-Eleven Ingleburn over April 13 and 14, 2023, including threatening people with a knife. The Crown said these are also to be considered for special verdicts by the judge.
Tougher’s wife Madison said she “can’t even put into words how horrific” it was to hear the details of what happened to Steven.
“He would’ve wanted us to be strong, and that’s exactly what we did today, honouring him,” she said.
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