Relatives of paramedic Steven Tougher have wept in a Sydney courtroom after hearing horrific details of a stabbing attack on him, as a judge was told the man charged with his murder could be found not criminally responsible due to mental health impairment.
WARNING: This story contains graphic details of a stabbing attack that some readers may find distressing.
Jordan Fineanganofo, 23, pleaded not guilty on Monday to six charges including the murder of Mr Tougher outside a Campbelltown McDonald’s in April 2023.
Crown Prosecutor Ken McKay SC told the judge mental health legislation provided for the special verdict if a person had a mental health or cognitive impairment at the time, and either did not know the nature of the act, or did not know the act was wrong.
That verdict can be entered at any time during the proceedings if the prosecution and defence agreed the evidence establishes, on the balance of probabilities, one of those two factors.
In this case, psychiatrists for the Crown and defence were both of the opinion that Mr Fineanganofo did know the nature of the act, but did not know the act was wrong.
While both the Crown and defence submitted a special verdict of act proven but not criminally responsible could be entered by Justice David Davies, this is yet to formally occur.
The court heard Mr Fineanganofo experienced auditory hallucinations, was increasingly paranoid, was not on medication at the time and was likely psychotic due to a relapse in schizophrenia.
Mr Tougher was eating with his shift partner outside a Campbelltown McDonald’s when he was attacked. (Facebook: Steven Tougher)
Court hears graphic details of stabbing attack
Mr McKay read out a statement of agreed facts, which was signed by the accused, which included graphic details of the stabbing.
Mr Tougher was eating with his shift partner in the car park as Mr Fineanganofo approached him with a 15-centimetre knife and, without warning, began to stab him.
Witnesses tried to stop the attack and pull Mr Fineanganofo away as the paramedic fell to the ground, before he attempted to walk back to Mr Tougher.
The agreed facts quote him as saying: “I’m going to jail anyway, I may as well kill him.”
He then said to Mr Tougher: “Say you’re sorry to me.”
Mr Tougher replied: “I’m sorry mate, whatever you think I’ve done.”
Mr Tougher died in hospital. He was stabbed dozens of times.
His family members sobbed in court as the accused sat metres away in the dock, hanging his head and resting his hands over his face.
Floral tributes outside the McDonald’s where Mr Tougher was fatally stabbed. (ABC News: Thorsten Joses)
Victim’s father leaves courtroom and demands apology
After the details were read out, Mr Tougher’s father, Jeff, was among relatives who stood up and walked out of the courtroom.
“Say you’re sorry,” Jeff Tougher said as he left.
The court heard several other alleged incidents involving Mr Fineanganofo in the days before he went to McDonald’s.
He had allegedly intimidated a woman with a pram at Bunnings, ran the blade of his knife across a car in the car park, pulled the knife on a man at a service station and stolen property from that man’s car.
He had also allegedly pulled the same weapon on a different man after driving around and flashing his lights at that witness’s vehicle, piercing his puffer jacket with a “calm look” on his face.
The court heard Mr Fineanganofo was assessed after being taken into custody and reported hearing various voices telling him to harm himself and others.
His mother reported a deterioration in his mental health in the weeks leading up to the McDonald’s attack.
The case returns to court on Friday.