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James Gargasoulas is fit to stand trial for Bourke St killings, Melbourne jury finds

Accused Bourke Street driver James Gargasoulas has been found fit to stand trial despite suffering from paranoid schizophrenia and delusions.

A jury deliberated for just a few hours before returning the verdict, which means Mr Gargasoulas will soon face trial accused of murdering pedestrians by running them down in Melbourne's CBD in January, 2017.

He has pleaded not guilty to six counts of murder and 28 counts of attempted murder.

Two psychiatrists and a psychologist gave evidence at a week-long Supreme Court hearing to determine Mr Gargasoulas' current mental state and his fitness to stand trial.

The experts were split in their opinions on whether Mr Gargasoulas met the criteria to be fit to stand trial, but all agreed he was not faking his mental illness and he believed he was the messiah.

Forensic psychiatrists Andrew Carroll and Lester Walton argued Mr Gargasoulas could not enter a plea, give instructions to his lawyers or understand the substantial effect of the evidence.

Michael Daffern, a psychologist engaged by the prosecution, assessed him as fit.

In closing the prosecution's case, Director of Public Prosecutions Kerri Judd QC told the jury that a phone call Mr Gargasoulas made from prison to a welfare worker about his children illustrated he could think sensibly and make decisions.

"[Mr Gargasoulas] initiated that call, he engaged in a very sensible discussion … he took advice from the worker about how best to engage with his children," she said.

"It was a call where his delusions did not manifest themselves at all.

"This phone call demonstrates that … the delusions, persistent as they are, do not intrude to such a degree to prevent [Mr Gargasoulas] from acting in a sensible and proper way."

The court heard Mr Gargasoulas' delusions included that he is the messiah and must be recognised as royalty in order to save the world from a comet.

He had discussed using the court process as a platform for espousing his beliefs so he would be recognised as the messiah, the court heard.

But Ms Judd said that if the delusions were dominating his thinking, he would have spoken out during the hearing, instead of remaining silent.

Delusions can't be 'put aside': defence

The fitness hearing was called after Mr Gargasoulas' defence lawyers raised concerns he was unfit to stand trial.

Defence barrister Theo Alexander told the jury Mr Gargasoulas did not accept he had a mental illness and could not make sensible decisions because his reality was based on delusions.

"I don't doubt there are matters that can be selected to say, 'Look, he knows what he's talking about', but that's in the context of a man who is undeniably schizophrenic," Dr Alexander said.

"[The delusions] don't stop, they don't get put aside."

More to come.

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Read Again https://www.abc.net.au/news/2018-10-29/accused-bourke-street-driver-mental-fitness/10434246

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