An elderly man charged with the stabbing murder of his wife may not be able to use mental competence as a defence because he was “heavily intoxicated” at the time of the incident, a court has heard.
Defence lawyer Trish Johnson appeared in South Australia’s Supreme Court on Monday on behalf of her client, Francesco Dimasi, 92, who was excused from appearing due to his ill health.
He is accused of stabbing his wife, Maria Dimasi, 76 times at their Findon home in December last year.
“No plea has been entered and nor should one be entered in my submission because I believe there are grounds to find he may be unfit [to stand trial], I don’t believe mental competence is an issue, but the expert might as well consider that,” Ms Johnson said.
Ms Johnson said she believed mental incompetence would not be a viable defence for Mr Dimasi because he was “heavily intoxicated” when he allegedly murdered his wife.
Police were called to a house in Findon, where they found Maria Dimasi’s body. (ABC News: Imogen Hayne)
A court previously heard the 92-year-old returned a blood alcohol reading “more than four times the legal limit” and was “clearly inebriated at the time of his arrest”.
It has also previously heard Mr Dimasi called police and told them he had stabbed his wife and that the 85-year-old “deserved it”.
On Monday, Ms Johnson asked Justice Sandi McDonald to order a report into Mr Dimasi’s health and mental fitness to stand trial, because she had been unable to book one herself due to a backlog in the system.
She told the court the backlog was caused by the heavy workload of treating physicians and asked the court to fund and order one on her behalf saying it was becoming an “increasing problem”.
Maria Dimasi was found dead at her Findon home. (Supplied: Nonna’s Cucina Instagram)
Justice McDonald agreed and ordered the report, saying the situation was “extraordinary”.
Ms Johnson suggested the report be prepared by a neuropsychologist or a psychiatrist who specialises in geriatrics and has forensic training.
Previously, Ms Johnson had told a court Mr Dimasi had “very frail physical and mental health”, “no longer moves independently” and was “not a danger” to others.
“I’m not even trying to obtain instructions anymore, I’m simply unable to,” she said.
Mr Dimasi will return to court in December.
