Monday, May 26, 2008

Psychiatrist Pleads Not Guilty To Murder

As covered widely in the Australian press, and as seen in the Australian

A FORMER NSW psychiatrist has pleaded not guilty to the shooting murder of South Australia's former mental health chief, Margaret Tobin, in 2002.
Appearing in the South Australian Supreme Court today, Jean Eric Gassy, 52, declared emphatically he was not guilty when asked to plead to the murder charge.

Dr Tobin was fatally shot as she walked from a lift on the eighth floor of an inner-city office building in Adelaide in October 2002.

She was 50 years old.

Justice Trish Kelly said the trial would be listed for hearing at the earliest opportunity.

Dr Tobin's widower, Don Scott, said outside court the day had been an emotional one for him.

Mr Scott said he would attend the trial, even though it might bring back “horrific” memories for him.

Representing himself, Mr Gassy was remanded in custody for a directions hearing in two weeks.

He flagged his intention to apply for a “suppression order” from the court, but Justice Trish Kelly suggested he raise it at the directions hearing.

Prosecutor Peter Brebner QC asked the court for more time to prepare the Crown case, because of the large number of witnesses expected to be called.

“Checking their availability will take quite some time,” Mr Brebner said.
As noted in this news item from Adelaide Now, this is a re-trial, due to the original conviction being overturned due to technical errors by the Judge in the case.
A Supreme Court judge has told prosecutors that the retrial of the man once convicted of the shooting murder of Dr Margaret Tobin should be held as soon as possible.

Justice Trish Kelly today said that a retrial for Jean Eric Gassy should be held as soon as possible.

"From the court's point of view, this matter should proceed in August," Justice Kelly said.

Gassy, 51, today pleaded not guilty to murder and plans to represent himself at trial.

The former Sydney psychiatrist was jailed for life with a 34-year non parole period for the shooting murder of Dr Tobin in October 2002.

Dr Tobin, then South Australia's mental health chief, was shot four times as she walked from a lift at her city office building.

Earlier this month, the High Court of Australia overturned Gassy's murder conviction and sentence.

The High Court found that Supreme Court Judge Ann Vanstone had erred in her directions to the jury during their deliberations in Gassy's original trial.

Prosecutor Peter Brebner QC said more than 160 witnesses were likely to be called when the matter again goes to trial.

Dr Tobin's widower Don Scott attended this morning's hearing, which lasted a little over two minutes.

Gassy will be back in court in June, when another judge will set a date for the trial.

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