Supreme Court proceeding starts in Broome over alleged murder
The special proceedings hearing is set down for five days in the Supreme Court. (ABC News: Andrew Seabourne)
In short:
A Supreme Court special proceedings hearing of a man who police say stabbed a man to death has started in Western Australia's north.
Ian Ralph Brooke was previously deemed unfit to stand trail, with Broome hearings set down for this week.
What's next?
The special proceedings hearing is expected to be heard for five days, before a verdict is made.
A special proceedings hearing is underway in the Supreme Court in Western Australia's far north for a man charged with murdering a man known to him.
Ian Ralph Brooke was charged with murdering the 27-year-old man at a home in Broome on November 20, 2023.
The court heard on Monday that Mr Brooke, 23, entered the man's bedroom and began attacking him, before stabbing him multiple times with a kitchen knife in the lounge room.
The man died at the scene.
In August, Mr Brooke was found unfit to stand trial at a Perth Supreme Court hearing.
Justice Peter Quinlan told the court it was a new type of hearing and the first to be held in the Supreme Court.
Justice Quinlan said he had to decide whether Mr Brooke committed murder or whether he was not guilty on account of mental impairment.
Mental impairment
During opening remarks, state prosecutor Michael Cvetkoski told the court Mr Brooke was suffering from a mental impairment.
The court heard Mr Brooke told two doctors he believed he was "attacking the devil" and voices were telling him he was "going to be killed".
A crime scene was established on Roe Place in Broome after the death. (ABC Kimberley: Andrew Seabourne)
Mr Cvetkoski told the court a doctor said Mr Brooke had no capacity to understand what he was doing at the time and was in "acute fear", believing he had no other rational choice.
The court heard Mr Brooke had been diagnosed with fetal alcohol spectrum disorder (FASD), complex post-traumatic stress disorder (PTSD) and schizophrenia.
Counsel for Mr Brooke, Clare Brennan, told the court her client had no capacity to understand what he was doing or capacity to control his actions, and was not criminally responsible for the act.
Concerns raised prior to fatal stabbing
The court heard evidence from multiple witnesses who stated Mr Brooke was exhibiting unusual or concerning behaviour prior to the man's death.
In a statement read out to the court, a woman known to Mr Brooke said two days prior to the incident, Mr Brooke had walked around the home holding a tomahawk and two knives.
On Monday, a case manager told the court she had taken him to the hospital two days before the man's death for a mental health assessment because she was concerned about his behaviour.
A man died at a property on Roe Place in Broome in November 2023. (ABC Kimberley: Andrew Seabourne)
The court heard Mr Brooke told a nurse and a doctor he had no intentions of hurting himself or others.
He was discharged from the hospital, with blood and urine samples showing no traces of drugs.
Mr Cvetkoski told the court the medical staff "acted in good faith" and made decisions based on the information they had.
In a statement read out to the court, a support worker who had looked after Mr Brooke said prior to the incident, his mood "was off" and he appeared to be "drifting in and out of conversation".
This week's special proceeding is listed to run for five days until Friday.