Mental Health Court rules on Nicholas Boak over stabbing murder at Cairns Central

The family of a man who had his throat slit while reading a book at Cairns Central Shopping Centre has spoken after a court ruled on his accused killer’s charges.

The family of the man who had his throat slit while reading a book at Cairns Central Shopping Centre says there is no “gratified outcome” after his accused killer’s charges were discontinued.

Cairns father-of-five Michael Eaton, 51, was doing what he normally did at the shopping centre in September 2021 after he was killed in a random attack that sent shockwaves across the city.

Just before 8am on September 21, 2021, emergency services were called to the scene where Mr Eaton had been fatally wounded.

Nicholas Boak, then 38, was arrested and charged with murder.

Nicholas Boak was charged on September 22, 2021, with the murder of Michael Eaton, 51, in a horrific and unprovoked attack at Cairns Central Shopping Centre. Picture: Supplied

But Cairns Magistrates Court Registry confirmed the case had been dropped because the Mental Health Court had ruled Boak was of unsound mind.

Mr Eaton’s family representative Sami Odell said the family had appreciated an outpouring of community support.

“It’s a tragic situation and there is no gratified outcome or happy ending,” she said.

“In a sense it is an adequate outcome, mental health is real, it has a space in our hearts and this man is suffering from disorders that some are privileged to not know, and many live with daily.

“What he has taken from us in the way that he did, leaving a young family traumatised is unjustifiable.

“During a 14-day psychosis leading up to his attack, there seems to be no level of accountability for being unmedicated with the previous known history of his health,” she said.

“He is in the right place, 10 years uncontested under strict guidance and receiving the treatment needed — something that may not be in place if he was handed a sentence.”

Michael Eaton, 51, died on September 21, 2021, after being fatally stabbed in an attack police said was unprovoked at Cairns Central Shopping Centre. Nicholas Boak, then 38, was charged with murder but in August the Mental Health Court ruled he was of unsound mind and the matter was discontinued. Picture: Supplied

Far North Acting Superintendant Kevin Goan said Mr Eaton’s family had been engaged in the process.

“When atrocities like this are committed it is no longer surprising, but it had a big impact on the community, given the location of the crime and the obvious innocence of this victim,” he said.

“For this community, it was devastating.”

He said Mr Eaton was regularly seen on a particular bench – which has since been removed – at the shopping centre, reading a book.

“At the time, he was frequenting the shopping centre, he was a relatively happy-go-lucky man who engaged with shop owners and passers-by, he was quiet and polite and went about his business, reading books.”

Acting Superintendant Goan said being ruled of unsound mind was not a free pass.

Cairns police Acting Superintendent Kevin Goan speaks with media in the wake of the stabbing at Cairns Central on September 22, 2021.

“It means that he will be held for a period of 10 years and throughout that period, clearly there’s rehabilitation opportunities for him, and it also means decision makers in 10 years are best positioned to determine what potential risk he poses to the community,” he said.

“If they are not satisfied, he won’t be released and it would go back to the tribunal and they would argue he hasn’t recovered or addressed psychiatric issues, he was a further risk to the community, and he would remain in detention,” Acting Superintendant Goan said.

Mr Eaton was recovering from a stroke that left him paralysed on the right side.

Boak allegedly crept up behind him and cut his throat.

Police said Mr Eaton, 51 had not provoked Boak, who made “a considered approach”.

When Boak’s matter was initially heard in Cairns Magistrates Court, police prosecutor Codi Dalley told the court he presented an extreme safety risk.

Police investigating the fatal stabbing at Cairns Central on September 22, 2021.

On his Facebook profile, Boak stated he was a night auditor at Fitzroy Island resort and a forensic accountant who studied at Federation University, CPA Australia and at the Royal Military College in Duntroon, graduating in 2012.

He stated he was an Australian Army Infantry officer.

Police were called to the horrific incident at Cairns Central Shopping Centre about 8am on September 22, 2021.

Boak claimed he was an SAS hero who saw action in Korea, and that he had won the Victoria Cross.

In an application to join the RSL, he said he was a serving Major who had tours of duty in Malaysia, Iraq, the Gulf War and Afghanistan.

But his claims were exposed as untrue by an online group of former soldiers who hunt down fake soldiers online to shame them for their lies on Facebook.

Originally published as Mental Health Court rules on Nicholas Boak over stabbing murder at Cairns Central