GUILTY Australia - Six Dead, 30+ Injured As Car Runs Over Pedestrians, Melbourne, Jan 2017

[symbah]

http://www.abc.net.au/news/2018-02-...gasoulas-denies-theft-assault-charges/9464700

Accused Bourke St driver James Gargasoulas pleads not guilty to theft, assault and drug charges

By court reporter Emma Younger
Updated February 20, 2018 14:31:49

The accused Bourke Street driver has pleaded not guilty to more than a dozen theft, assault and driving offences unrelated to the rampage that killed six people more than a year ago.

James Gargasoulas, 27, appeared via video link in the Melbourne Magistrates' Court for a brief hearing to enter the plea to charges including driving at excessive speeds on the wrong side of the road to evade police two months before the Bourke Street attack.

Mr Gargasoulas is also accused of driving dangerously through St Kilda, in Melbourne's south-east in early January, and driving a stolen car at excessive speed through an intersection, putting the public in danger of serious injury.

He barely spoke during the hearing other than to confirm his name and to answer "not guilty" to each of the charges.

Among the offences, Mr Gargasoulas is accused of stealing two cars in November 2016 and another in January 2017, recklessly causing injury, unlawful assault, failing to answer bail, dangerous driving and possessing methylamphetamine.

He's also accused of breaking into a psychology clinic in Windsor, in Melbourne's south-east in early January 2017 and stealing a laptop, $200 cash, an eftpos machine and master key to the building.

Mr Gargasoulas has waived his right to a committal hearing and instead been committed to stand trial in the Supreme Court.

The charges will now be heard at the same time as the six counts of murder and 28 counts of attempted murder he faces over the Bourke Street rampage.

He has previously also pleaded not guilty to those charges.

Mr Gargasoulas has been in custody since his arrest on the day of the Bourke Street attack.

He will face a hearing in the Supreme Court in March.

 

[symbah]

Bourke St car attack: Judge criticises court delays as lawyers assess accused driver's fitness for trial
By court reporter Emma Younger
Updated March 01, 2018 14:49:01

A Victorian Supreme Court judge has
expressed frustration at delays in the case against the accused Bourke Street driver, and admonished defence lawyers for failing to provide expert reports that may suggestJames Gargasoulas suffers from a mental illness.
Mr Gargasoulas appeared via video link for a short hearing after pleading not guilty to six counts of murder and 28 counts of attempted murder over the rampage in January last year.

The 28-year-old waived his right to a committal hearing in the Melbourne Magistrates' Court after his lawyers raised the possibility he was unfit to stand trial.

Today Justice Lex Lasry described delays in the case as "unsatisfactory" after the prosecution apologised for needing more time to assess Mr Gargasoulas' mental state.

Meanwhile, Mr Gargasoulas' defence barrister told the court they were still waiting for a psychiatrist to finalise his report on whether Mr Gargasoulas is fit to stand trial or has a defence of mental impairment.

Dr Theo Alexander said psychiatrist Dr Lester Walton's initial report had found "on the face of it, it would appear that Mr Gargasoulas was suffering from the onset of schizophrenia towards the end of 2016 and the condition remains treatment resistant".

Justice Lasry said it was "ridiculous" he had not already been provided with that report and if the possibility of a drug-induced psychosis had been raised it meant Mr Gargasoulas may not have a legitimate mental impairment defence.
He also asked whether Mr Gargasoulas had had any previous history of schizophrenia, questioning if the diagnosis supposed there had been a "sudden onset" of the condition.

Dr Alexander responded that if there had been a history of mental illness "it was undiagnosed and undocumented".

More at link:
http://www.abc.net.au/news/2018-03-...ourke-street-attack-case-court-delays/9496222

 

[symbah]

Bourke St car attack: Jury to decide if James Gargasoulas is fit to stand trial
By court reporter Emma Younger Updated May 21, 2018 10:54:03

James Gargasoulas is accused of driving a car through Melbourne's Bourke Street mall and along the footpath for several blocks, hitting and killing six people and injuring many others.A jury will decide next month whether the accused Bourke Street driver is mentally fit to stand trial, with prosecutors indicating they will fight for the case to go to trial.
Mr Gargasoulas faced a short hearing in the Supreme Court via video link, charged with six counts of murder and 28 counts of attempted murder over the car attack in January last year.
Prosecutor Andrew Tinney SC told the court Mr Gargasoulas had been assessed by four mental health experts, who all diagnosed him with schizophrenia.
"There does seem there is a real and substantial question about the accused's fitness to stand trial," he said.
But Mr Tinney told the hearing that the prosecution's two expert witnesses had opposing views about whether Mr Gargasoulas is currently fit to stand trial.
He said the prosecution would challenge Mr Gargasoulas's defence that he is unfit to stand trial at a hearing before a jury next month.

More at link
http://www.abc.net.au/news/2018-05-21/bourke-street-driver-gargasoulas-in-court/9782104

 

[symbah]

JG's fit to stand trial will start on 12 June before Justice Lex Lasry - if he is found fit to stand trial, the criminal trial could commence as early as July.

From the link ^ following is how the court process works:

 

[SouthAussie]

JG's fit to stand trial will start on 12 June before Justice Lex Lasry - if he is found fit to stand trial, the criminal trial could commence as early as July.

From the link ^ following is how the court process works:

Unreal. Schizophrenia! I wonder if he has a history of this particular mental condition, prior to this killing rampage. From descriptions of his behaviour at the time - before and after - he certainly was erratic and delusional.

Perhaps controlled medication could make him fit for trial at some point.



Chief Commissioner of Victoria Police Graham Ashton confirmed that 26-year-old Dimitrious "Jimmy" Gargasoulas had previously been remanded into custody and was known to police for having a history of illicit drug use, family violence, and mental health problems.
https://en.wikipedia.org/wiki/January_2017_Melbourne_car_attack

Symptoms such as hallucinations and delusions usually start between ages 16 and 30. Men tend to experience symptoms earlier than women. Most of the time, people do not get schizophrenia after age 45. Schizophrenia rarely occurs in children, but awareness of childhood-onset schizophrenia is increasing.
https://www.gstatic.com/healthricherkp/pdf/schizophrenia_en_AU.pdf

 

[JerseyGirl]

Gargasoulas 'not faking' but still fit to stand trial

The hearing continues on Friday.

 

[symbah]

Bourke Street: Jury question Gargasoulas' trial fitness
6:50pm Jun 19, 2018

A jury of 12 retired to consider their verdict today, but this afternoon sought guidance from Justice Lex Lasry, saying they were torn.

The jury had heard four days of intensive evidence from two psychiatrists and a psychologist, who all agree in their diagnosis that Gargasoulas has paranoid schizophrenia. Of these three medical professionals, only the psychologist deemed the 28-year-old fit to stand trial.

The defence argues he is "profoundly psychotic", believing he is the "Messiah" sent to save the world from a comet, and should not stand trial.

But prosecutors said Gargasoulas should face trial, claiming he understands his case and can make decisions about his defence and plea.

"(He) has the presence of mind to know that if it's his lot in life to be saving the world, he wants to be doing that from the relative comfort of Thomas Embling Hospital, rather than the 23-hour lockdown of prison,' crown prosecutor Andrew Tinney SC said.

Justice Lasry said he could dismiss the jury without a verdict if they could not reach one but he was not yet ready to do so.

"Experience has shown that juries, given more time to discuss, can reach a verdict," he said.

"That's what I'm going to ask you to do. Come back in the morning, hopefully fresh."

 

[symbah]

Accused Bourke St killer James Gargasoulas' jury discharged

Gargasoulas jury unable to agree on fitness of Bourke St accused for trial
Updated June 22, 2018 13:46:29

The Victorian Supreme Court jury determining if accused Bourke Street driver James Gargasoulas is mentally fit to stand trial has been discharged after failing to agree despite three days of deliberations.

The jury of eight men and four women began its deliberations on Monday afternoon, after a special hearing lasting more than a week which heard evidence from three mental health experts.

Mr Gargasoulas is charged with six counts of murder and 28 counts of attempted murder after allegedly "deliberately" driving his car at people in the lunchtime crowds in Melbourne's CBD in January last year.

His defence lawyers had argued he was mentally unfit to stand trial on the basis that he remained profoundly psychotic and was experiencing intrusive delusions due to his schizophrenia, which remained treatment-resistant.

The court previously heard the 28-year-old believed he was the second coming of Jesus Christ and needed to save the world from a comet.

The medical professionals who assessed Mr Gargasoulas all concluded he was not faking his mental illness.

The jury was unable to reach the unanimous decision required on his fitness to stand trial and, as a result, was discharged by Supreme Court Justice Lex Lasry today.

Justice Lasry has ordered that a certificate be prepared for Mr Gargasoulas to be treated in the secure mental health facility Thomas Embling Hospital.

The matter will be back before the court in late July.

bbm

 

[symbah]

A second hearing has been scheduled for Oct 12 to determine if JG is mentally fit to stand trial.

Bed shortage keeps Bourke St accused out of high-security hospital

 

[JerseyGirl]

Jury deciding if Gargasoulas fit for trial - 9News

James "Dimitrious" Gargasoulas on Monday faced day one of a hearing before a jury 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.

The hearing continues.

 

[JerseyGirl]

Gargasoulas should avoid trial, court told - 9News

The jury is expected to retire to consider its verdict on Monday.

 

[JerseyGirl]

Bourke Street deaths: James Gargasoulas found fit to stand trial for murder

The trial is set to begin next Wednesday.

 

[Pi Thoughts]

A jury has found James “Dimitrious” Gargasoulas guilty of all charges over the Bourke St rampage last year.
It took less than an hour for the jury to reach a verdict in the murder trial of the 28-year-old, who admitted killing six people.

Those killed were three-month-old Zachary Matthew-Bryant, Tahlia Hakin, 10, Yosuke Kanno, 25, Jessica Mudie, 23, and 33-year-olds Matthew Si and Bhavita Patel.
Despite admitting his actions caused death and injury, Gargasoulas pleaded not guilty to six charges of murder and 27 of reckless conduct endangering life.
Families of the victims have welcomed the guilty verdict.

Bourke St driver found ‘guilty’ of murder

 

[SouthAussie]

A jury has found James “Dimitrious” Gargasoulas guilty of all charges over the Bourke St rampage last year.
It took less than an hour for the jury to reach a verdict in the murder trial of the 28-year-old, who admitted killing six people.

Those killed were three-month-old Zachary Matthew-Bryant, Tahlia Hakin, 10, Yosuke Kanno, 25, Jessica Mudie, 23, and 33-year-olds Matthew Si and Bhavita Patel.
Despite admitting his actions caused death and injury, Gargasoulas pleaded not guilty to six charges of murder and 27 of reckless conduct endangering life.
Families of the victims have welcomed the guilty verdict.

Bourke St driver found ‘guilty’ of murder

I am glad to hear the judge state this ......

"He added that because Gargasoulas’ psychosis and delusions at the time of the rampage were drug-induced, he could not argue he was not guilty by way of mental impairment."

 

[Bohemian]

Bourke St murderer James Gargasoulas given life jail sentence but could get parole in 46 years - ABC News (Australian Broadcasting Corporation)