Francesco Dimasi, a 92-year-old man facing charges for the fatal stabbing of his wife, may be unable to rely on a mental incompetence defence in court due to claims that he was severely intoxicated during the incident. The South Australian Supreme Court heard the case on Monday, though Mr Dimasi was absent due to health issues.
Mr Dimasi is accused of stabbing his wife, Maria Dimasi, 76 times in their home in Findon late last year. Despite the severity of the crime, his defence team has raised concerns about his ability to stand trial, citing his frail health and diminished mental capacity.
However, it was revealed in court that mental incompetence may not be a feasible defence due to his level of intoxication at the time.
According to previous court reports, Mr Dimasi had a blood alcohol concentration over four times the legal limit when arrested. This excessive intoxication could undermine any potential arguments regarding mental incompetence.
His defence lawyer, Trish Johnson, suggested that despite his declining health, it was unlikely that his mental state alone would provide a sufficient defence in light of the intoxication factor.
The court also heard that Mr Dimasi had confessed to the crime during a phone call to the police, stating that his wife “deserved it.”
Due to a backlog in the healthcare system, Ms Johnson requested that the court order a formal evaluation of Mr Dimasi’s health and mental fitness to stand trial. She explained that it had been difficult to arrange a proper assessment, given the workload of medical professionals.
Justice Sandi McDonald agreed to commission the report, describing the delay in arranging the evaluation as “extraordinary.” The report will be prepared by a neuropsychologist or psychiatrist with expertise in geriatric and forensic care.
The defence team emphasised that Mr Dimasi’s health continues to deteriorate, and he is no longer capable of living independently. Nevertheless, Ms Johnson noted that her client no longer poses a danger to others and that she has struggled to obtain clear instructions from him due to his condition.
Mr Dimasi is expected to appear in court again in December, where further developments regarding his fitness to stand trial and the outcome of the health assessment are likely to emerge.
