The man’s alleged wife, Francesco Dimasi, is to stand trial despite suffering from dementia. His lawyer acknowledges that the elderly man probably does not understand what is happening to him.
Police accuse Mr Dimasi, 92, of stabbing his wife Maria Dimasi, 85, to death in Adelaide in December last year.
He has been diagnosed with dementia and is being cared for in a medical facility under the supervision of Department of Corrections officials.
At a hearing at the Adelaide District Court on Tuesday, Chief Justice Mary-Louise Hribal granted Mr Dimasi bail so he can continue to receive care at the facility, unsupervised by prison officers.
The court heard that the facility employs three guards who assist nursing staff in the event of ‘code black’ cases of violence against patients.
Trish Johnson, who represents Mr Dimasi, has requested that her client be transferred to a care home. However, Ms Hribal is reluctant to move Mr Dimasi out of his current facility and has commissioned a report into the suitability of a new care home for the man.
“When a place in a residential aged care home becomes available, the South African Prison Health Service and the Forensic Mental Health Service must assess its suitability … and advise the court on the security measures,” she said.
The court heard that Dimasi “grabbed” the nursing staff by the arms and that the nurses needed help from a guard once or twice a week to keep Dimasi under control.
Frank Dimasi, 91, is to stand trial for the alleged stabbing murder of his wife Maria Dimasi, 85 (both pictured)
Ms Johnson told the court that Mr Dimasi is bedridden and ‘reliant on others for everything’ and that his risk to the safety of others is no greater than that of other dementia patients.
Mr Dimasi has not entered a defence to the murder charge and Ms Hribal has referred the case to the Supreme Court for a arraignment and trial to begin on September 30, 2024.
When Mr Dimasi first appeared in Port Adelaide Magistrates Court shortly after the alleged murder, he spoke in a weak, thin voice.
An Italian interpreter was in the courtroom and translated the hearing for Magistrate Jayanthi Pandya.
At one point, Mr Dimasi spoke to the interpreter and the interpreter replied, “non capito,” which is Italian for “I don’t understand.”
At another point during the hearing, the interpreter told Ms Pandya that he had difficulty understanding Mr Dimasi.
Police allege Mr Dimasi, 91, stabbed his wife Maria Dimasi, 85 (pictured), to death in Adelaide in December last year
“Sometimes it’s not entirely clear what he’s saying,” the interpreter said.
The alleged murder took place on the morning of December 2 at the couple’s home in Findon, in the city’s west end, after they had known each other for 16 years.
After the alleged murder, Mr Dimasi called 0 and said he had killed his wife, the court heard.
Police arrived on the scene within six minutes and found Mr Dimasi sitting in the kitchen, with blood on his clothes, arms and hands.
Officers searched the home and found Ms. Dimasi with serious injuries to her head and upper body.
While police were speaking to Mr Dimasi, the court was told the elderly man was unconscious at times.