The sentencing of Albion Park Rail Aldi basher and now accused murderer Mervyn Davidson has again been delayed after his lawyer successfully applied to adjourn proceedings in the wake of his fresh charge.
Aboriginal Legal Service lawyer James Jeffery said Davidson had been seen by a psychiatrist in jail on Saturday, a day after he allegedly murdered fellow inmate Alfredo Pengue, and had made certain disclosures to him about his ongoing mental health conditions, raising the possibility that his diagnosed drug-induced psychosis may be worse than first thought.
Mr Jeffery said he wanted to obtain the psychiatrist’s notes of the session to ensure the court had all the relevant details before sentencing for the assault.
“The (earlier) report by Professor Greenberg diagnoses drug-induced psychosis and a developmental disability,” Mr Jeffery said.
“It’s hinted at in that report of possible underlying psychosis….if so, that may affect your Honour’s judgement.”
Mr Jeffery suggested the notes from the psychiatric session on Saturday could shed further light on the matter.
Judge Haesler agreed to the request, saying to reject it may deny Davidson “natural justice”.
It is the second time the sentencing has been delayed: Davidson had been due to learn his punishment last Thursday but claimed he was too unwell to sit in court to hear the 30-minute verdict.
He was returned to Silverwater jail that night and is accused of killing Mr Pengue, a first-time inmate, the following day.
Davidson was charged with murder on Sunday.
He did not appear in court in person or via videolink during a brief mention of the fresh charge in Burwood court on Monday.
He did front Wollongong District Court on Tuesday morning, entering unrestrained in the presence of three Corrective Services guards.
Davidson is now expected to be sentenced on March 9.