A decision on whether Alex Leonard Ophel is not guilty by way of mental impairment for charges relating to a 2023 attack at ANU will be handed down in the ACT Supreme Court later this week. Photo: Screenshot/YouTube.
Alex Leonard Ophel’s own defence lawyer has submitted he “should never have been allowed out” on the day he allegedly stabbed two women and assaulted two men at ANU in 2023.
The ACT Supreme Court Chief Justice Lucy McCallum is deciding whether to issue a special verdict where Mr Ophel is found not guilty by way of mental impairment on two counts of attempted murder and two accounts of assault from 18 September, 2023.
On Monday (15 December) the court heard the now-26-year-old Mr Ophel had been subject to a mental health treatment order after being found not guilty of five counts of attempted murder because of mental impairment over an incident at ANU in 2017.
In her victim impact statement, Ilysha Parry said she was aware of Mr Ophel’s “episode of violence” from 2017.
She questioned how Mr Ophel’s treatment could have been considered so successful that he could be in a low-security facility and have access to day leave, only to allegedly experience “such a significant relapse”.
“I wake up in the middle of the night, screaming … I will never feel safe again,” Ms Parry told the court.
“I’m grateful for the miracle of survival … [but] I have been given a life sentence.”
Her mother Fiona Coffrey also questioned the effectiveness of the ACT’s mental health system.
“How [his] rehabilitation could have been considered effective … is beyond me,” she said.
“Either the system is broken or the system requires an assessment of [its] culpability.
“If there really is justice here in Australia, then this can never be allowed to happen again.”
Addressing Mr Ophel directly, stabbing victim Isabella Vasudeva said she would “never understand” his motivations for the alleged attack.
“My life was not yours to change.”
Crown prosecutor Sam McLaughlin noted three different psychiatrists had produced reports on Mr Ophel for the court and all three agreed he did not “know the wrongfulness of his behaviour at the time”.
He submitted Mr Ophel had been subject to a mental treatment order at the time of his alleged offending and there was a “very clear need for more protection and restraint” at Gawanggal Mental Health Unit, where Mr Ophel had been receiving care.
The unit is considered to be a step-down inpatient unit from Dhulwa and is intended to function as a rehabilitation unit to support people with mental health illnesses to transition to living in the community.
Mr McLaughlin noted the accused had been able to “feign wellness” on 18 September, 2023, and that “what was being noted by the staff at Gawanggal as anxiety” could have been his schizophrenic disorder resurfacing.
“The protection of the community must be paramount [in Your Honour’s decision] … given the history of the accused,” he submitted.
“[His ability to] mask his illness or feign wellness [is also of concern] … [he’s been able to] pull the wool over a number of mental health professionals’ eyes [before].”
Defence attorney Francis Purnell outlined his client had “positive symptoms of delusion” and “clear cognitive impairment” in the days before 18 September, 2023 and noted once Mr Ophel was arrested, his own sister thought he was “so unwell she doubted he even recognised her”.
He outlined Mr Ophel had a history of sadistic urges and fantasies, acute psychosis and visual hallucinations and problems with insight, judgement and behavioural control.
Mr Purnell also submitted that Mr Ophel had a severe schizophrenic illness that was treatment-resistant.
“[My client] never should have been allowed out,” he said.
“Quite clearly that should have never happened.”
Chief Justice McCallum has deserved her decision until Thursday, 18 December.
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