Mental impairment defence in bridge death

The Age

Friday October 23, 2009

By KATE HAGAN

MENTAL impairment will be central to the defence of a man accused of throwing his four-year-old daughter to her death off the West Gate Bridge, the Supreme Court has heard.Arthur Phillip Freeman, 36, pleaded not guilty to the murder of Darcey Iris Freeman at the conclusion of a committal hearing in the Melbourne Magistrates Court earlier this month.Darcey fell 58 metres to her death on January 29 this year, which was supposed to be her first day of school.Freeman's former wife, Peta Barnes, was waiting for Darcey and her brothers Ben, 6, and Jack, 2, at St Joseph's Primary School in Hawthorn, but they never arrived.During a preliminary hearing in the Supreme Court yesterday, Freeman's lawyer, George Georgiou, said mental impairment would be a central issue in the case, and the defence intended to subpoena various medical records.Prosecutor Diana Piekusis said 81 witnesses could be called at the trial. She said several witnesses would be giving evidence via video-link from Western Australia.The Freeman case prompted Attorney-General Robert McClelland to announce a Family Court violence review of the practices, procedures and laws that apply in that court in the context of family violence.It will consider whether improvements could be made to ensure that federal family law courts provide the best possible support to families who have experienced or are at risk of violence.Submissions to the review closed last week.Justice Paul Coghlan fixed a trial date of April 7 next year, and said he was likely to be the judge. He remanded Freeman.

© 2009 The Age

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