A mentally unwell man who admits killing his stepfather is reconsidering his plea after a judge became troubled upon hearing expert evidence.
Tony Di Falco, 61, died outside his Hillside home in Melbourne’s northwest on October 4, 2024 after he was stabbed by stepson Mehmet Bertan.
When police arrived, they were confronted by Bertan armed with a knife. They tried to negotiate with him but fired a shot inside the home after he advanced on them.
Bertan chased the officers onto the street before being shot again and taken to hospital.
He appeared before the Victorian Supreme Court on Monday, after having pleaded guilty to manslaughter.
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Bertan was diagnosed with schizophrenia and was experiencing psychosis, which was exacerbated by his methylamphetamine use, leading up to the incident, forensic psychiatrist Rajan Darjee said.
Prior to the fatal incident, he had experienced a psychotic episode where he falsely believed someone was going to rob his family home so he went to a petrol station, doused himself in petrol and set himself on fire to prevent the supposed thieves from entering the home.
Prosecutor Grant Hayward asked Dr Darjee whether Bertan, knowing he was unwell then, would’ve had an insight that he might again behave in a dangerous way.
The psychiatrist said when Bertan had been well and stable on treatment, he was able to understand that when he was unwell, he could act in an unstable and violent way.
“(In) the episode that occurred before the event of offending, I don’t think he became well,” he told the court.
“Throughout that period he remained psychotic and unwell.”
Dr Darjee said going off his anti-psychotic medications and his use of methylamphetamine contributed to the fatal incident.
Defence barrister Glenn Casement asked whether Bertan’s mental condition impaired his ability to exercise appropriate judgment and make calm and rational choices.
“He had no ability to appreciate the wrongfulness of his conduct and that’s why I think he should have the mental impairment defence,” Dr Darjee replied.
“Prison is utterly inappropriate to treat someone with schizophrenia.”
Having heard Dr Darjee’s evidence, Justice Rita Incerti said she was “troubled” and had “nagging doubts”.
“I think whatever happens, there has to be as much certainty that whatever Bertan pleads (is fair),” she said.
Mr Casement asked for more time following the issues raised by the judge.
“Whether the plea goes in this fashion or not, I need time to confirm,” he told the court.
The hearing was adjourned to a later date.
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