A WAGGA man accused of bashing his father to death as they chopped wood together may defend a murder charge on the grounds of mental illness.
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The possible defence for David John Clements was revealed by Director of Public Prosecutions (DPP) solicitor Rennae Gee after defence solicitor Melanie Lim mentioned the case in Wagga Local Court on Wednesday.
Clements is accused of murdering his 83-year-old retired teacher father Roger on May 26.
It is alleged Clements attacked his father with an implement as the pair chopped wood at their Springvale home on Wagga’s south-eastern outskirts about 12pm and then fled the scene.
Clements, 49 at the time of his father’s death, was taken from an XPT passenger train at Cootamundra less than three hours after the alleged attack and was taken back to the Wagga police station where he was charged with murder.
Ms Lim on Wednesday told magistrate Erin Kennedy the DPP had served on the defence outstanding DNA test results needed to compete the prosecution’s brief of evidence.
She said the DPP consented to an adjournment until January 13 to enable negotiations to take place between both sides of the case.
But Ms Kennedy was not happy with that course of action.
“It’s been around a while, can you explain why there have been no negotiations while waiting for the DNA?” Ms Kennedy asked.
Ms Gee then said there “may well be a mental illness defence at trial” before adding she was content to have the case set down for committal on January 13.
At committal, the case would go to the Supreme Court. Ms Lim replied she was not the lawyer at her office with carriage of the case.
Ms Kennedy said the defence solicitor in charge of the case could raise with the court before January 13 reasons why it should not go to committal on that day.
Clements was not required to be in court for the mention, and Ms Lim said he did not wish to appear on screen via audiovisual link with the prison where he is being kept on remand.
Ms Kennedy ordered Clements to appear in court in person on January 13 if he is to be committed to the Supreme Court that day, but said the order could be cancelled if the committal did not go ahead.
Married and the father of four, Roger Clements trained as a school teacher in the 1950s before becoming involved in training teachers.