The alleged murderer of women, Francesco Dimasi, has to stand trial, even though he suffers from dementia and his lawyer admits that the elderly man probably does not understand what is happening to him.
Police accuse 91-year-old Mr Dimasi of stabbing his 85-year-old wife Maria Dimasi to death in Adelaide in December last year.
He has been diagnosed with dementia and is currently being cared for in a medical facility under the supervision of correctional officers.
At a hearing in the Adelaide Local Court on Tuesday, presiding judge Mary-Louise Hribal granted bail to Mr Dimasi so that he can continue to be cared for at the facility without the supervision of correctional officers.
The court heard that the facility employs three security guards who rush to the aid of nursing staff in any “Code Black” incident of patient violence.
Trish Johnson, representing Mr Dimasi, has asked for her client to be transferred to a care facility, but Ms Hribal raised concerns about moving Mr Dimasi from his current facility and ordered an evaluation of the suitability of a new care home for the man.
“If a place in a residential aged care facility becomes available, the prison health service and SA forensic psychiatry must assess its suitability … and advise the court on the safeguarding arrangements,” she said.
The court heard that Mr Dimasi had been “grabbing” the arms of nursing staff and that nurses required the assistance of an officer once or twice a week to keep Mr Dimasi under control.
Ms Johnson told the court that Mr Dimasi was bedridden and “dependent on others for everything” and that he posed no greater risk to the safety of others than any other dementia patient.
Mr Dimasi pleaded no guilty to the murder charge against him and Ms Hribal referred the matter to the Supreme Court for arraignment and trial beginning on September 30, 2024.
During his first appearance in the Port Adelaide Local Court shortly after the alleged murder, Mr Dimasi spoke in a weak, breathy voice.
An Italian interpreter sat in the courtroom and translated the hearing before Judge Jayanthi Pandya.
At one point, Mr Dimasi spoke to the interpreter and the interpreter replied: “non capito”, which in Italian means “I don’t understand”.
The interpreter told Ms Pandya at another point in the hearing that he was having difficulty understanding Mr Dimasi.
“Sometimes it is not entirely clear what he is saying,” said the interpreter.
The suspected murder occurred on the morning of December 2 at the couple’s home of 60 years in Findon, in the west of the city.
The court heard that after the alleged murder, Mr Dimasi called the emergency number 0 and said he had killed his wife.
Within six minutes, police officers arrived on the scene and found Mr Dimasi sitting in the kitchen with blood on his clothes, arms and hands.
The officers searched the house and found Ms. Dimasi with significant wounds to her head and upper body.
While police were speaking to Mr Dimasi, the court was told that the elderly man lost consciousness at times.