‘No’ to kill case delay

Judge rejects need for psychiatrist report

THE legal team for a wheelchair-bound man accused of murdering his partner made a failed bid to delay the case so he could be examined by a psychiatrist.

It is alleged that Elroy James Raymond killed the woman over comments that labelled him a “cripple”.

The 30-year-old has pleaded not guilty to murdering Cecilia Nicholas, 35, who died from a single stab wound to the chest on November 18, 2017 at Kowanyama.

“There are questions petitioning provocation arising,” defence barrister James Sheridan said as he made an application to set aside the March trial date.

“During the course of the record of interview my client did say that at various point of interactions … between himself and the deceased he went blank.”

Mr Sheridan said witness statements indicated that shortly before the incident there were disparaging comments and that Mr Raymond was also heard saying, “I was sick and tired of being called a crippled c***”.

“His state of mind at the time of the offence as well as intoxication, in those circumstances I’ll be asking the courts indulgence to delist the matter which will allow the defence to obtain a psychiatric report,” Mr Sheridan said.

The court heard a psychiatrist had been engaged and July was the first opening for an examination. It would take about four weeks for a report to be compiled.

But Justice James Henry refused the application saying material before him was “insufficient to justify an adjournment for a matter as longstanding as this one”.

“Just being in a wheelchair and sick of being called a cripple doesn’t cut the mustard,” he said.

Crown prosecutor Nigel Rees agreed there were two issues of provocation and intoxication.

“He (Mr Raymond) does say his mind went blank, but he also says ‘I turned round and she fell,” Mr Rees said. “He does turn round and say I’m sick of being called a cripple.”

Mr Rees told the court there did not seem to be anything that would affect his state of mind at the time.

Justice Henry said he needed strong evidentiary material that Mr Raymond would be deprived without the psychiatric report. “The evidence before me is frankly zilch at the moment,” he said.

The case will be reviewed on March 11.