Jury deciding if Gargasoulas fit for trial
A driver accused of killing six people during a rampage through Melbourneās Bourke Street believes God will exonerate him of guilt before a comet strikes Earth, the Supreme Court has been told.
James āDimitriousā Gargasoulas on Monday faced day one of a hearing before a jury on Monday to determine if he is fit to stand trial on six counts of murder and 28 counts of attempted murder over the January 2017 incident.
Both the defence and prosecution agree Gargasoulas has schizophrenia and suffers delusions, but disagree whether he is fit to stand trial.
Defence barrister Theo Alexander argued Gargasoulas was unable to meet three criteria required of an accused person facing trial, including his ability to enter a plea, understand the substantial effect of evidence or instruct his lawyer.
But crown prosecutor Kerri Judd QC argued Gargasoulas was ānot consumed by his delusional beliefsā.
She said he was making a bid to instead be held at Thomas Embling psychiatric hospital, with a possible future release.
The court was told Gargasoulas had treatment-resistant paranoid schizophrenia with āMessianic delusionsā, and acknowledged he had ploughed through pedestrians last year but believed āGod made him do itā.
Forensic psychiatrist Lester Walton told court Gargasoulas was on his sixth antipsychotic medication and was in the early stages of treatment with a ālast resortā, potentially life-threatening drug.
Dr Walton said he believed Gargasoulas was unable to enter a plea due to his delusions, believing āhe was acting under divine instructionā when he allegedly drove through pedestrians.
āāMy mission is to reinstate Godās law, which will redeem myself,'ā he quoted from Gargasoulas.
āI will become king before the end of this court case.
āIf I donāt reinstate Godās law, we are all going to die.ā
Dr Walton said Gargasoulas could not āmeaningfully enter a pleaā, regarding that as āirrelevantā to his mission.
āHe wants to be recognised as the king. This will happen, apparently, during the course of the trial once a comet arrives,ā he said.
He added Gargasoulas believed that he needed to āhave his day in courtā to persuade everyone of his world view, āor we will all perishā.
Dr Walton, who spent about four hours assessing Gargasoulas in custody, said he didnāt believe he was mentally ill, but was a compliant patient.
Several experts are expected to testify during the fitness hearing, including forensic psychiatrist Andrew Carroll and forensic psychologist Michael Daffern, a prosecution witness, who will argue that Gargasoulas is in fact fit for trial.
The hearing continues.
-AAP
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