A Canberra man found not guilty by reason of mental impairment to murdering a fellow mental health unit patient could spend more than two decades involuntarily detained at a secure mental health facility.
Dusko Culibrk, 38, died after he suffered blunt force trauma injuries to his head and neck inside the Adult Mental Health Unit at Canberra Hospital in November 2022.
Aleu Mapiou was 18 at the time of Mr Culibrk’s death, and was charged with one count of murder and another preventing the carrying out of a forensic procedure.
The ACT Supreme Court handed down the indicative sentence on Tuesday, which reflects the time Mapiou would have spent in jail if there was a trial.
It means the man will be monitored and held in a high-grade mental health facility until the ACT Administrative and Civil Tribunal decides to release him.
Justice finds offender did not know killing the victim was wrong
When handing down Mapiou’s verdict, Justice Belinda Baker said she was “satisfied” the man remained “a significant risk to the community”.
Justice Baker found the man “did not know killing the victim was wrong”, with experts accepting Mapiou was experiencing an acute schizophrenic episode at the time.
Dusko Culibrk, 38, died after sustaining multiple injuries while staying at the Canberra Hospital’s Adult Mental Health Unit. (Supplied: Milica Culibrk)
An autopsy report revealed “the direct cause of death were multiple blunt force head and neck injuries with a likely asphyxia component”.
Medical staff attempted to revive Mr Culibrk for more than 50 minutes, but were unsuccessful.
Mapiou’s mental health had been declining for some time before the incident.
The court was told he was having paranoid delusions and heard voices telling him the victim intended to assassinate him.
Mapiou previously claimed he had no memory of the crime and told nurses after the event “it was self-defence”.
But prosecutors argued he intended to kill Mr Culibrk.
Victim’s family ‘has been completely destroyed’ by his death
The ACT Supreme Court handed Aleu Mapiou the indicative sentence, which reflects the time he would have spent in jail if there was a trial. (ABC News: Matt Roberts)
The judge accepted the victim was vulnerable, but acknowledged Mapiou’s own mental impairment “caused him to lose touch with reality”.
“[Mr Culibrk] had been deprived of [his] own liberty,” Justice Baker said.
She accepted the man had shown some remorse, writing in a letter to the court “there’s nothing I could say that justifies the murder, I am deeply apologetic”.
Mr Culibrk’s mother sobbed and held photos of her son towards Mapiou, as the judge read out the verdict.
Justice Baker told the court Mr Culibrk’s death had “devastated” his whole family.
“The victim’s family has been completely destroyed by the victim’s death,” she said.
“None of them have been able to sleep since.”
In victim impact statements previously read to the court, Mr Culibrk’s mother said their “hearts are broken and [they] can’t imagine life without him”.
Mapiou’s indicative sentence will expire in December 2042.