The NSW Supreme Court has ruled that Wayne Williams is not fit to stand trial. Photo: Michael Harris Photography.
A NSW Supreme Court judge has ruled that an Albury man accused of murdering his cousin is unfit to stand for trial over the next 12 months because he is likely to be suffering from the mental illness schizophrenia.
Wayne Williams, 34, was charged with the murder of Dwayne Williams in the North Albury suburb of Lavington in July 2023. It was alleged that the accused stabbed the deceased in the neck the previous month, when both men were staying temporarily at a house in Albury. The deceased sustained very severe wounds, of which he died after 18 days in hospital.
Wayne Williams was due to face criminal court in late 2024, but his lawyer raised the question of whether he was fit to stand trial.
Under NSW law, an accused’s mental health and cognitive capacity can be assessed to determine whether or not he is able to be tried in a criminal court. The judge ordered an inquiry to assess Mr Williams’ state of mind.
Psychiatrist Dr Andrew Ellis told the inquiry that Mr Williams has been a long-term user of alcohol and numerous illicit drugs, notably methylamphetamine, which he has consumed since the age of 17 years.
The accused reported to Dr Ellis in June 2024 that from the age of 22 he has heard “voices”. He said that the voices have been present every day since he has been in custody. He told Dr Ellis that in custody he was finding it difficult to concentrate and that he “just drifts off”. Dr Ellis observed that the accused had difficulty expressing himself and organising his thoughts. His attempts to express himself were disjointed and not coherent.
“I am of the opinion that [the accused] is suffering from a mental health impairment (schizophrenia) which is characterised by delusions and hallucination,” Dr Ellis wrote in a report that was tendered as evidence in court.
“Schizophrenia can be considered a ‘mental health impairment’ as it is a clinically significant condition for diagnostic purposes in all major classifications of mental disorder. The disorder impairs his thought by delusions and disorganisation, and his perception by hallucination. Schizophrenia is an ongoing disorder, and has temporary exacerbations.
“Although he was using substances, this was in my opinion not the likely the sole cause of his presentation. Schizophrenia impairs his emotional wellbeing, judgment and behaviour, evidenced by self-reported distress and poor social function.”
Dr Ellis’ report also included his opinion on Mr Williams’ cognitive capacity.
“He was not able to describe the functions of the prosecutor or the judge in the court. He was not able to describe the function of the jury. He said that there are ‘lots of people in the courthouse’. He was not able to pay attention for descriptions of those functions.”
Supreme Court Judge Desmond Fagan was convinced by these arguments.
“On the basis of this evidence. I am satisfied on the balance of probabilities that the accused is, at present, not fit to be tried on the charge of murder by reason of a mental health impairment, namely schizophrenia,” he wrote in his
“I am also satisfied on the balance of probabilities that the accused may become fit to be tried for the offence during the next 12 months.”
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Gordon Braid was in my class WWHS in 1955 and 56, was a good diver. View