Alleged killer Bhanu Kirkman has 'clear' mental health defence, says lawyer
Alleged killer Bhanu Kirkman is set to argue his innocence over the bashing murder of Bellambi mother-of-one Kristie Powell on the grounds of mental illness, a court has heard.
Lawyers for Mr Kirkman made the submission in Wollongong Local Court on Wednesday during a mental health hearing on charges of fraud committed before Ms Powell's death in October 2018.
"He's on remand in relation to a charge of murder and he has a clear defence in relation to mental illness in relation to that matter," defence lawyer Michael Betts said, as his client appeared in court via video link from the hospital at Long Bay jail and was committed to stand trial.
"We anticipate he will be made a forensic patient."
Mr Betts sought to have Mr Kirkman's fraud matters dealt with under mental health legislation on Wednesday, saying records from Wollongong Hospital showed his client had presented with "delusional thoughts he was of royal lineage" around the time of the offences.
"There is a connection between his mental health and his offending," Mr Betts said, citing a report from preeminent forensic psychiatrist Dr Richard Furst.
Court documents said Mr Kirkman ripped three people off in late 2016 when he set up a scam selling fake dogs on the internet.
The court heard Mr Kirkman advertised dogs for sale on local websites, attracting interested parties from Victoria, South Australia and Queensland.
Each 'buyer' transferred $600 into Mr Kirkman's bank account as payment for their dog of choice, before Kirkman requested an additional amount of $1,000 a few days later, telling them it was a "refundable insurance payment" that was handed to the company that transported the dogs.
However, each buyer ended up empty handed and out of pocket when no dog turned up and their money was not refunded.
The three parties each reported the matter to police, prompting an investigation.
Mr Kirkman was arrested in June 2017 and charged with fraud.
He failed to front court to answer the charges and was convicted in his absence before a warrant was issued for his arrest.
He was wanted on that warrant when he allegedly killed Ms Powell inside her home on Lorking Street in Bellambi late on the evening of October 4.
Her body was found by a friend early the following morning.
Mr Kirkman was arrested in Maitland four days later.
In court on Wendesday, Magistrate Michael Stoddart refused to deal with Mr Kirkman's fraud offences under mental health legislation, and instead sentenced him to a 12-month community corrections order.
"There was a degree of planning and sophistication in this that in my view can't be overlooked," he said.
"In my view it would not be appropriate and in the community interest for these matters to be dealt with pursuant to mental health legislation."
Illawarra Mercury