Jury deciding if Gargasoulas fit for trial
A driver accused of killing six people during a rampage through Melbourneâs Bourke Street believes God will exonerate him of guilt before a comet strikes Earth, the Supreme Court has been told.
James âDimitriousâ 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 ânot consumed by his delusional beliefsâ.
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 âMessianic delusionsâ, and acknowledged he had ploughed through pedestrians last year but believed âGod made him do itâ.
Forensic psychiatrist Lester Walton told court Gargasoulas was on his sixth antipsychotic medication and was in the early stages of treatment with a âlast resortâ, potentially life-threatening drug.
Dr Walton said he believed Gargasoulas was unable to enter a plea due to his delusions, believing âhe was acting under divine instructionâ when he allegedly drove through pedestrians.
ââMy mission is to reinstate Godâs law, which will redeem myself,'â he quoted from Gargasoulas.
âI will become king before the end of this court case.
âIf I donât reinstate Godâs law, we are all going to die.â
Dr Walton said Gargasoulas could not âmeaningfully enter a pleaâ, regarding that as âirrelevantâ to his mission.
âHe wants to be recognised as the king. This will happen, apparently, during the course of the trial once a comet arrives,â he said.
He added Gargasoulas believed that he needed to âhave his day in courtâ to persuade everyone of his world view, âor we will all perishâ.
Dr Walton, who spent about four hours assessing Gargasoulas in custody, said he didnât 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








