Judge fires up over rampage case delays

A VICTORIAN judge has criticised justice authorities for withholding medical records on the murder-accused Bourke St driver that would help determine if he can stand trial.

Counsel for Dimitrious Gargasoulas yesterday said the Department of Justice and Regulation had not handed over 1100 pages of records, which they need to assess his mental state.

Gargasoulas is facing six counts of murder and 29 charges of attempted murder after a car mowed down pedestrians in Melbourne on January 20.

He is accused of driving through the Melbourne CBD, deliberately striking pedestrians around Bourke and Queen streets before police shot and wounded him.

The 27-year-old has been assessed by a forensic psychiatrist and psychologist while in custody, but they cannot finalise their reports until they have his previous medical history.

“He has been treated by different regimes and there’s a lot to be said in relation to that,” barrister Theo Alexander told the Victorian Supreme Court.

Dr Alexander said establishing Gargasoulas’ mental state would determine his fitness to be tried or mental impairment and how the case proceeds.

“Realistically, our inquiries are directed towards the question of Gargasoulas’ plea of mental impairment,” he said.

The Department of Justice has sent Gargasoulas’ lawyers a letter saying it can only provide 150 pages of his records at a time because of its workload.

“That’s absurd,” Justice Lex Lasry said.

“I can’t believe that in a case like this, that the Department of Justice is taking that type of attitude. It’s ridiculous.”

Gargasoulas’ case is still before Melbourne Magistrates’ Court, but the defence and prosecution have been providing updates about its progress to the Supreme Court.

Yesterday’s brief hearing was the third update from counsel.