A man who fatally stabbed his aunt, a double amputee who lost her legs as a result of diabetes complications, will quarrel he was mentally ill at the time, a court has heard. Noel Keith Gardiner, 22, pleaded not guilty in the NSW Supreme Court today to murdering Elizabeth Phillips, who was found dead in her bed at her home at Casino, on the NSW north coast, in September 2009. Ms Phillips, 36, who used a wheelchair after losing both her legs from the knees down, had multiple stab wounds to her back, stomach, hands, forearm and head, court documents say.
Gardiner's barrister, Chris Bruce, told Justice Terence Buddin at the opening of the judge-alone trial that Gardiner's innocent plea was based on a Mental illness defence. Crown prosecutor Sarah Huggett tendered medical reports from two forensic psychiatrists, who both concluded such a defence would be available. Justice Buddin said because an admission had been made by the accused, "the only live issue is a question of whether or not he was mentally ill at the time of the deadly act".
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