A Victorian Supreme Court judge has expressed frustration at delays in the case against the accused Bourke Street driver, and admonished defence lawyers for failing to provide expert reports that may suggest James Gargasoulas suffers from a mental illness.
Mr Gargasoulas appeared via video link for a short hearing after pleading not guilty to six counts of murder and 28 counts of attempted murder over the rampage in January last year.
The 28-year-old waived his right to a committal hearing in the Melbourne Magistrates' Court after his lawyers raised the possibility he was unfit to stand trial.
Today Justice Lex Lasry described delays in the case as "unsatisfactory" after the prosecution apologised for needing more time to assess Mr Gargasoulas' mental state.
Meanwhile, Mr Gargasoulas' defence barrister told the court they were still waiting for a psychiatrist to finalise his report on whether Mr Gargasoulas is fit to stand trial or has a defence of mental impairment.
Dr Theo Alexander said psychiatrist Dr Lester Walton's initial report had found "on the face of it, it would appear that Mr Gargasoulas was suffering from the onset of schizophrenia towards the end of 2016 and the condition remains treatment resistant".
Justice Lasry said it was "ridiculous" he had not already been provided with that report and if the possibility of a drug-induced psychosis had been raised it meant Mr Gargasoulas may not have a legitimate mental impairment defence.
He also asked whether Mr Gargasoulas had had any previous history of schizophrenia, questioning if the diagnosis supposed there had been a "sudden onset" of the condition.
Dr Alexander responded that if there had been a history of mental illness "it was undiagnosed and undocumented".
Judge says lawyers taking too long
Prosecutor Andrew Tinney SC said they had to wait for the final report from the defence psychiatrist before Forensicare practitioners, engaged by the prosecution, could make an assessment.
"They're still waiting to find out what the final material from the defence perspective is," he said.
"It does seem that there may end up being a substantial issue to be decided.
"The reports that I have seen are unsatisfactory in a number of respects."
Mr Tinney said he expected Forensicare to complete their report based on all the material by the end of May.
"I'm sorry to have to tell you that the stage that we've reached at the moment is that there are appointments that the Forensicare people have to see the accused — they are set down for April and May," he told the court.
Justice Lasry said the time lag was unsatisfactory.
"In May of this year we'll be 17 months since this incident occurred," he said.
The matter will return to court in May when Justice Lasry said he hoped to rule on whether Mr Gargasoulas is fit to stand trial.
