Dimitrious “Jimmy” Gargasoulas was charged but refused to appear before a judge to face five counts of murder over Friday’s Melbourne attack.

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The 26-year-old was en route to Melbourne’s Magistrates Court on Monday afternoon after being questioned be police.

But Nine News reported his lawyer requested the accused be excused from appearing in court due to health concerns.

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The Herald Sun reports Dimitrious Gargasoulas isn’t expected to return to court until August.

Even then he will only appear via video link and will not step inside a courtroom until next year.

Instead he will stay in custody on remand while police and prosecutors work to build their case against him.

Friday’s rampage left five people dead and at least two still fighting for their lives. Gargasoulas, 26, had surgery on Saturday for a gunshot wound he sustained when police stopped his alleged deadly drive into lunchtime crowds on Friday. He was released from hospital earlier Monday.

Three adults and two children, a three-month-old baby and 10-year-old, were killed when the accused, who was on bail at the time for assault, allegedly deliberately drove into people in the heart of Melbourne.

Thalia Hakin, 10, Jess Mudie, 22, Matthew Si, 33, a three-month-old baby and a 25-year-old man died.

More than 30 were injured with 13 remaining in hospital on Sunday, at least two of them still fighting for their lives.

“They are critical. They’re in a very, very serious condition,” Victorian Premier Daniel Andrews told reporters.

“The fear is of course that the death toll from this evil act will rise.”

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