Judge discharges 12-person jury after they are unable to reach a unanimous decision over Dimitrious Gargasoulas

This article is more than 2 years old

This article is more than 2 years old

A Melbourne jury has been discharged after it was unable to agree on whether Bourke Street murder-accused driver James “Dimitrious” Gargasoulas is mentally fit to stand trial.

Gargasoulas, 28, faced an investigation hearing in the supreme court to determine whether he was fit to stand trial accused of running down pedestrians in Melbourne’s CBD in January 2017 and killing six people.

The jury of 12 deliberated for nearly four days after hearing expert evidence but could not reach a unanimous decision and on Friday morning Justice Lex Lasry discharged them without a verdict.

Dimitrious Gargasoulas charged with murder over Bourke Street deaths Read more

“It is unfortunate we have got to this stage as it means the matter has to run again,” Lasry told the jurors. “There are those among you who had strongly held views and you were right not to compromise.

“These things happen.”

Lasry said the fitness investigation would have to be repeated but suggested it could be unsuccessful a second time.

“Having heard all the evidence, firstly I am not surprised the jury struggled to reach a decision,” he said.

Medical experts who testified in the case were divided over the question of Gargasoulas’s fitness.



Two psychiatrists said he was unfit for trial but one psychologist disagreed.

The defence argued Gargasoulas was “profoundly psychotic” and believes he is the “messiah” sent to save the world from a comet, and so should not stand trial.

But prosecutors said he should stand trial, arguing he understood his case and the trial process.

Friday is Lasry’s last day as a supreme court judge, as he must retire because of his age. The Gargasoulas case will be handed to Justice Mark Weinberg.