A man who gunned down his ex-girlfriend as she taught a yoga class at Sydney’s Star City Casino has expressed “fixation” with the victim more than a decade on and risks re-offending if he does not comply with schizophrenia treatment, a court has heard.
Former kickboxing champion Todd Devaney had been split from his former partner Holly Graham for several years when he embarked on a rampage inside a gym at the casino in May 2008, shooting the then-28-year-old twice.
Todd Devaney has had another extended supervision order imposed.Credit: Facebook
A judge credited Graham’s survival to “sheer luck and quick medical attention” when the then-39-year-old Devaney was jailed for a minimum of 11 years and seven months.
The court heard Devaney suffered from untreated paranoid schizophrenia and believed aliens told him to shoot Graham.
In her victim impact statement read to the court at the time, Graham described living in fear that Devaney may try to attack her again or come after her family – a risk considered “high” by the sentencing judge.
Now, fresh court documents have revealed that more than a decade after his sentencing, concerns emerged over Devaney’s fixation on Graham and the dangers posed by his repeated denial of his schizophrenia diagnosis.
But a judge, while imposing further supervision on Devaney, rejected the state’s application to have the option to enforce ankle monitoring.
Holly Graham, then 28, was lucky to survive the 2008 attack by Todd Devaney.Credit: ABC News/10 News
In 2012, Devaney was resentenced on appeal to 13 years’ jail with a nine-year non-parole period.
He was refused parole in 2017 and 2019 due to his “unacceptable risk to the community” and has been under community corrections supervision since his release in October 2020.
In granting the state another extended supervision order (ESO) in the NSW Supreme Court last week, Justice Stephen Campbell said Devaney’s “ongoing fixation” with Graham was a matter of “legitimate concern”.
“There is no doubt that while Mr Devaney was in custody … he at times, and probably as a manifestation of his disease, expressed ideas seeming to blame the victim for his offending,” Campbell said.
“At other times, he acknowledged his own responsibility, as he should have.”
The judge noted Devaney was asked in recent cross-examination about his expressed desire to meet Graham for “restorative justice”. He was also asked about two photos he kept of Graham on his phone.
Restorative justice is a process that involves bringing together those affected by a crime to discuss the harm done and what needs to be done to resolve it. However, the court documents did not detail what Devaney meant or his understanding of the process.
Campbell noted Devaney made these statements in 2021 and 2022 and had since denied interest in meeting Graham, but the “probably slight” risk to Graham depended on compliance with his mental health treatment.
The court heard Devaney suffered from undiagnosed schizophrenia at the time of the shooting.Credit: ABC
Devaney was diagnosed with paranoid schizophrenia in jail, an illness which a psychiatrist traced back to his self-described “paranormal, religious experience” while visiting the Egyptian pyramids in 2006.
According to Campbell’s decision, Devaney told prison authorities he faked his psychotic symptoms for “legal reasons” and repeatedly stopped taking his prescribed medication, which caused him to violate prison rules and become hostile and threatening.
“This on-and-off pattern of treatment … continues to be a feature today where he, at times, continues to deny having a mental illness and assiduously attempts to persuade treating doctors and other medical personnel to reduce or eliminate his medication,” Campbell said.
This was “a matter of real concern” despite the “very promising” compliance Devaney had shown with parole and supervision since his release.
Noting a psychologist’s opinion that Devaney’s moderate to high risk of violence would rise without treatment, Campbell said “future compliance with treatment is an ongoing significant issue”.
Campbell was also concerned about “ongoing evidence” of Devaney’s “continuing connection” with outlaw motorcycle gangs, as cross-examination evidence showed two photos of him with Nomads bikie members.
But Campbell said Devaney had told the court the “long-standing friendship” related to connections from “a phase in his life through which he has now passed”.
Devaney was subject to electronic ankle monitoring until his parole expired on November 2, 2021, but this condition was not imposed in the subsequent ESO.
Devaney barged into the formerly named Star City Casino and shot his ex-partner twice.Credit: ABC News
However, in the latest ESO hearing, the state applied for a condition permitting it to use electronic monitoring “for as long as deemed reasonably necessary … if the defendant shows a renewed interest in contacting and/or visiting [Graham]”.
Campbell rejected this application, stating Devaney had “progressed very well under the previous ESO even without electronic monitoring as a condition”.
The judge said Devaney’s interest in contacting or visiting the victim “seems to have receded since 2022” and “there is no reasonably contemporaneous evidence suggesting it is still a factor”.
Campbell said Devaney seemed to have since accepted that meeting Graham under “restorative justice” was not appropriate, had not appeared to breach the previous ESO, and “has made very significant progress in rehabilitation toward a pro-social life”, adding he seemed to recently co-operate with the re-introduction of antipsychotic medication.
Devaney’s new ESO conditions include reporting and monitoring obligations, accommodation and travel restrictions, drug and alcohol testing, and non-association rules, along with internet and communication restrictions.
He must undertake psychological or psychiatric assessment or counselling as directed by a departmental supervising officer and immediately notify them if he stops taking or declines to start prescribed medication.
Devaney’s 18-month ESO will start when his current order expires on April 26.
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