A mental health assessment order made for the man charged with murder of his mother at Mole River was withdrawn within minutes on Monday, after the judge realised the charge was too serious to be dealt with that way.
Officers arrested Phillip John Denton, 37, who had allegedly entered a property and attempted to steal a vehicle before assaulting the 74-year-old male homeowner.
When police attended a neighbouring house, which had been set alight and partially burned, they found the decapitated body of Denton’s 70-year-old mother.
Mr Denton was taken to Tenterfield Police Station, where he was charged with murder and refused bail to face court, before being transported to Armidale.
Appearing by video link from the cells at Armidale Police Station on Monday, 21 September, Mr Denton’s apparent mental state made it difficult for the matter to progress.
His legal aid lawyer, Maer O’Donoghue, applied to Judge Miranda Moody for the matter to be dealt with under section 19B of the Mental Health and Cognitive Impairment Forensic Provisions Act.
“I’m just cautious of the nature of these matters, and it’s based on my own observations in a conference,” Ms O’Donoghue said.
Judge Moody asked whether she had been able to get instructions from Mr Denton in relation to bail. Ms O’Donoghue said she had not. She also did not want him to appear on screen, but Judge Moody insisted she see for herself.
When Mr Denton came on screen he appeared to be dressed only in a blanket, and didn’t seem to want to sit down. Judge Moody tried to question him directly about whether he had ever been diagnosed with a mental health condition, been to hospital or taken medication for one.
“No memory,” Mr Denton said.
When told he would be sent for assessment, Mr Denton said, “No comply. I need my lawyer.”
Satisfied that she would get little from Mr Denton, Judge Moody told him he could go and moved on with getting him assesed.
“I’m going to send you to Armidale Hospital Mental Health Unit just to have them assess you,” Judge Moody said.
She made an order for Mr Denton to be taken to and detained at the Armidale Hospital Mental Health Unit for assessment, with a direction that he be brought back before the court if found not to be a mentally ill or disordered person, unless bail was granted by police.
However, the order was withdrawn almost as soon as it was given, after the police prosecutor pointed out the matter was to serious for a 19b order to be given.
In further discussion about how to deal with the matter, the judge sought clarification on whether Ms O’Donoghue had proper instructions from Mr Denton, who revealed she had been even less successful in getting information out of him.
“I did exactly what your honour did, but I couldn’t get instructions,” Ms O’Donoghue said.
“The first time I heard him speak was just then on the screen.”
Judge Moody stood the matter down and withdrew her earlier order.
“I withdraw the order I made just before,” Judge Moody said. “It’s a strictly indictable matter. Of course, I can’t deal with it by 19B, which is more’s the pity, actually, given the facts alleged.”
The lawyers will now attempt to get instructions before bringing the matter back to court, but if they are again unable to have a conversation with Mr Denton, bail will be formally refused.
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