It was a case that rattled the quiet coastal community of Port Kennedy earlier this year — a shocking allegation involving two elderly women who had barely shared a room for a week.
In January, emergency services were called to the Bethanie Waters aged care home just after 4am. Inside one of the shared rooms, 88-year-old Lilian Donnelly was found dead. Within hours, police had charged her 76-year-old roommate, Suzanne Margaret Lupica, with murder.
The pair had lived side by side for only four days.
What followed was months of legal limbo, punctuated by questions that could never be fully answered: What happened in that small room? How could a disagreement escalate so catastrophically? And what responsibility does the justice system owe to someone who may no longer understand the system at all?
This week, the case took a heartbreaking turn. Appearing via video link in the Supreme Court, Ms Lupica was formally assessed as unfit to stand trial. Justice Bruno Fiannaca ruled that, on the balance of probabilities, she is suffering from a mental impairment significant enough to prevent her from participating in her own defence.
Medical evidence presented to the court indicated Ms Lupica meets diagnostic criteria consistent with Alzheimer’s disease, including severe memory loss and cognitive decline. Justice Fiannaca said these impairments prevent her from giving meaningful instructions to her lawyer, following court proceedings, or defending herself against the charge.
The court also heard her condition is permanent and unlikely to improve. “There is no prospect the accused will become fit to stand trial,” Justice Fiannaca concluded.
For the family of Ms Donnelly, the outcome is devastating. A murder charge will not proceed to a traditional trial. There will be no jury, no verdict, and no moment of legal closure — only a “special proceeding” scheduled for a later date, designed to determine ongoing management and safety, rather than guilt or innocence.
For Ms Lupica, the ruling means she remains in custody, her future uncertain and her understanding of it likely limited.
And for the aged care community, the incident remains a deep wound. Bethanie Waters described the tragedy as “deeply affecting”, reaffirming that staff acted swiftly when the alarm was raised and emphasising that resident safety remains their highest priority.
The case has also reignited concerns about the complexities of caring for residents with cognitive decline, and the risks that arise when aged care facilities, already stretched thin, attempt to meet the needs of people with vastly different behavioural and clinical profiles.
Premier Roger Cook earlier described the incident as “very distressing”, expressing condolences to Ms Donnelly’s family. His words still hang heavily today, as both families grapple with a grim truth: justice systems are not designed for outcomes that feel this unfinished.
Two women entered a shared room four days before the tragedy — one is gone, and the other can no longer comprehend what happened.
