Mercury (Hobart)

Judge’s sentence for ‘bipolar’ killer

- PATRICK GEE

A HIT and run killer from Kings Meadows will be detained in a secure mental health unit until he is discharged by the Supreme Court.

Joshua Josef Barker, 32, stood trial in Launceston in September last year, charged with the murder of Dale James Watson by running him down with his car at Prospect Vale on March 9, 2018.

He was also charged with assaulting a courier driver the same day.

After just 40 minutes of deliberati­on, the jury found Mr Barker had committed the acts, but was not guilty of murder or assault because he was “insane” at the time. Almost six months on from the verdict, Mr Barker was sentenced by Justice Robert Pearce in Launceston on Tuesday.

“On 9 March, 2018, Mr Watson was walking from the home of a friend in Prospect towards the supermarke­t,” he said. “He was on the footpath on the corner of Burrows and Knox Streets when a vehicle being driven by Mr Barker left the road and struck him. The force of the impact threw Mr Watson up and forward.

“He landed on the roadway with such force as to cause extensive fractures to his skull and severe brain damage. He died almost immediatel­y.”

The court previously heard that Mr Barker then drove to the home of some people he knew and told them he had “killed the snake”.

He then drove into Launceston and confronted the driver of a delivery van, Timothy Bumford, who was a stranger to him.

“After accusing drivers from his company of being pedophiles, and asking the driver to nominate a number, he assaulted the driver by punching and violently grabbing him,” Justice Pearce said.

He said Mr Barker had no criminal record other than speeding offences.

He said his life changed in 2009, when he was 22.

“Mr Barker was attacked by a number of young men and repeatedly struck with weapons, including pieces of wood and iron bars.”

Mr Barker’s family gave “compelling” evidence during the trial of how the assault impacted his mental health.

“He was unable to sleep and experience­d intrusive flash backs, nightmares and panic attacks, and believed that his assailants would come looking for him,” Justice Pearce said

He said during the months since the jury’s verdict was returned, it had become “clear to everyone” that no order other than a restrictio­n order or a supervisio­n order could be appropriat­e. He said in making the order he had to consider whether Mr Barker, if released, was likely to endanger others.

He received psychiatri­c reports from a number of experts.

“The consensus of opinion now is that Mr Barker’s psychosis did not arise from posttrauma­tic stress disorder, but that most likely he has a bipolar affective disorder,” Justice Pearce said. “As things currently stand, if Mr Barker was in the community, he would pose a risk of violence if he became unwell again.”

Justice Pearce said a fortunate result of the debate was “a particular focus, after many years, on correct diagnosis and treatment of Mr Barker”.

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