Treatment order for hit and run killer deemed ‘insane’

A hit and run killer deemed ‘insane’ by the court will finally get the correct diagnosis and treatment after many years says Supreme Court Justice

The car that belonged to Joshua Josef Barker, which he allegedly used to murder Dale James Watson in March last year, in a police impound lot in Kings Meadows. Picture: PATRICK GEE

A HIT and run killer from Kings Meadows will be detained in a secure mental health unit until he is discharged by the Supreme Court.

Joshua Josef Barker, 32, stood trial in Launceston in September last year charged with the murder of Dale James Watson by running him down with his car at Prospect Vale on March 9 in 2018.

He was also charged with assaulting a courier driver the same day.

After just 40 minutes of deliberation, the jury found Mr Barker had committed the acts, but was not guilty of murder or assault because he was “insane” at the time.

Almost six months on from the verdict, an order was made by Justice Robert Pearce in Launceston on Tuesday.

“On March 9, 2018, Mr Watson was walking from the home of a friend in Prospect towards the supermarket,” he said.

“He was on the footpath on the corner of Burrows and Knox Streets when a vehicle being driven by Mr Barker left the road and struck him. The force of the impact threw Mr Watson up and forward.

“He landed on the roadway with such force as to cause extensive fractures to his skull and severe brain damage. He died almost immediately.”

The corner of Burrows and Knox Streets in Prospect where Joshua Josef Barker hit and killed Dale James Watson with his car in March 2018. Picture: PATRICK GEE

The court previously heard that Mr Barker then drove to the home of some people he knew and told them he had “killed the snake”.

He then drove into Launceston and confronted the driver of a delivery van, Timothy Bumford.

“Mr Bumford was a stranger to him,” Justice Pearce said.

“After accusing drivers from his company of being paedophiles, and asking the driver to nominate a number, he assaulted the driver by punching and violently grabbing him.”

Justice Pearce said Mr Barker had no criminal record other than speeding offences.

“His life was full of promise. The background to understanding the nature and cause of his mental disease, and why he acted as he did, seems to commence in 2009 when he was 22.

“Mr Barker was the subject of a savage assault. He was attacked by a number of young men and repeatedly struck with weapons including pieces of wood and iron bars.”

Mr Barker’s family gave “compelling” evidence during the trial of how the assault impacted his mental health.

“He became reclusive and withdrawn,” Justice Pearce said.

“He was unable to sleep and experienced intrusive flash backs, nightmares and panic attacks, and believed that his assailants would come looking for him.”

The driveway in Prospect where Dale James Watson died after being hit by a car driven by Joshua Josef Barker. Picture: PATRICK GEE

Justice Pearce said during the six months since the verdict of the jury was returned, it had become “clear to everyone” that no order other than a restriction order or a supervision order could be appropriate.

He said in making the order he had to consider whether Mr Barker, if released, was likely to endanger others.

He received psychiatric reports from Chief Forensic Psychiatrist Dr Mike Jordan, Mr Barker’s current treating psychiatrist Dr Cheryl Colquhoun and Head of Department for the Statewide Forensic Mental Health Service, Dr Leila Kavanagh.

“The consensus of opinion now is that Mr Barker’s psychosis did not arise from post-traumatic stress disorder, but that most likely he has a bipolar affective disorder,” Justice Pearce said.

The car which belonged to Joshua Josef Barker in a police impound lot with damage on it's front right bumper bar. Picture: PATRICK GEE

He said Dr Jordan’s report said bipolar disorder was episodic and Mr Barker was likely to suffer further episodes of the illness.

“Although the risk of further episodes can be reduced with treatment,” Justice Pearce said.

“As things currently stand, if Mr Barker was in the community, he would pose a risk of violence if he became unwell again.”

Justice Pearce said a fortunate result of the debate was “a particular focus, after many years, on correct diagnosis and treatment of Mr Barker”.

“Much work has been done on Mr Barker’s current presentation and progress,” he said.