John Yalu to plead not guilty to murdering pensioner with circular saw at Innisfail

The case of an Innisfail banana worker charged with the murder of a pensioner by allegedly chopping off his leg with a circular saw has again been postponed due to mental health questions.

The Innisfail banana worker charged with the murder of a pensioner has his arraignment postponed due to unanswered questions about his mental ability to enter a plea.

Fruit picker John Yalu, who was 27 at the time of the alleged incident on February 19, 2022, was listed for arraignment at the Cairns Supreme Court on Friday after again being postponed the previous day.

Mr Yalu is accused of murdering Innisfail grandfather Kalman Tal by amputating his leg with a circular saw.

An interpreter translating English to the national language of Vanuatu Bislama, dialled in to facilitate Mr Yalu’s understanding of the process.

The scene of a suspicious death at Fitzgerald Esplanade, where the body of 66-year-old man in Innisfail man was discovered. Saturday, February 19, 2022. Picture: Arun Singh Mann

But before the accused could be arraigned Mr Yalu’s legal representative Michael Rodriguez brought up the matter of his client’s fitness to plead and requested anther adjournment.

A clearly frustrated Justice James Henry expressed his annoyance at further dragging out of the matter that first came before the courts in February 2022.

“It’s not good enough that we are presented with this situation,” he said.

“If it feels like gradually as time goes on, I’ll increasingly put pressure on your side to make sure that something happens.

“That’s because I mean it.

“You must of course appreciate the gravity of where we’re at, as should he.”

The matter of Mr Yalu was adjourned until March 28 during which time Dr Jeffrey Cummins will evaluate the mental capacity of the accused to enter a plea to the charge of murder.

A second crime scene was declared at Jack Fossey Park following the death of Kalman Tal. Picture: Arun Singh Man

Earlier the legal representative for a man who allegedly killed a pensioner after cutting off his leg with a circular saw said his client would plead not guilty at a Cairns Supreme Court trial at a date to be set.

Fruit picker John Yalu, who was 27 at the time of the alleged incident on February 19, 2022, at Innisfail, was listed for arraignment before Justice James Henry in the Supreme Court on Thursday.

He is charged with murder.

Prosecutor Aaron Dunkerton estimated the trial would last three days but Mr Yalu’s legal representative Michael Rodriguez said it would likely take two weeks and would involve expert witnesses.

John Yalu, 36, was charged with murder following the suspicious death of an Innisfail man in 2022. He remains in custody at Lotus Glen Correctional Centre.

He sought for the arraignment to be adjourned to a later date but Justice Henry gave him 24 hours.

“I have got your man in the watch-house, I am not going to let him sit there for days on end,” Justice Henry said.

Mr Rodriguez said he had engaged forensic psychologist Jeffrey Cummins, who was based in Melbourne, and he was not able to facilitate a lengthy conference for Mr Yalu, who is in custody at Lotus Glen, with the psychologist unless he was there in person.

“He has to be on bail,” Mr Rodriguez said.

Justice Henry said “this should have been done ages ago”.

He adjourned the arraignment until 9am on Friday, February 2.

Innisfail grandfather Kalman Tal died after his leg was allegedly amputated with a cordless circular saw in 2022. Picture: Supplied

Mr Rodriguez said he had engaged Sydney based barrister Christopher Parkin, who is listed as junior counsel at Wentworth Chambers.

He said Mr Yalu would need a Bismali interpreter – the national language of Vanuatu.

Police have alleged at 3.48am on February 19 Mr Yalu and Kalman Tal, 66, drove together to Fitzgerald Park at Innisfail, where they sat under a tree in the park for about 20 minutes before Mr Yalu used a circular saw to cut Mr Tal’s leg off at the knee.

The mutilated body of the much-loved pensioner was discovered by passers-by on Williams Esplanade Mr Tal at 4.23am.

Two members of the public found Mr Tal bleeding and unconscious in front of an Innisfail fish and chip shop, emergency services arrived at the scene but couldn’t save him.

Police allege he paid Mr Yalu $5000 to sever his leg below the knee.

Police allege Mr Yalu, a fruit picker, assisted him back to the car, and left the area on foot.

Originally published as John Yalu to plead not guilty to murdering pensioner with circular saw at Innisfail