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 Hearing to see if he’s fit to plead 

Hearing to see if he’s fit to plead

05 Oct, 2001 09:40 AM
The man accused of burning down part of Wellington Public School will face a hearing to determine if he is mentally fit enough to plead guilty to the offence.

On Tuesday Ian John Sutton was due to be sentenced for causing the April 30 blaze, however the matter was adjourned when concerns about his mental health were raised.

The proposed sentencing followed a plea of guilty to the fire, which caused an estimated $250,000 damage, on an earlier appearance in Wellington Local Court.

When the 28-year-old appeared in Dubbo District Court yesterday, Prosecutor Liam Shaw said he believed there were “issues” about Mr Sutton’s mental fitness to enter the plea.

Mr Shaw said he would be submit a report to the Director Of Public Prosecutions recommending that a hearing be scheduled to determine Mr Sutton’s mental fitness.

He said the DPP would investigate Mr Sutton’s fitness to plead, and make a recommendation to the NSW Attorney General who would decide if a hearing would take place.

Mr Shaw also raised the possibility that mental illness could be a defence open to Mr Sutton in relation to the crime.

Following the prosecutions submissions, the judge addressed Mr Sutton, who on Monday had asked for his sentence to be handed down as soon as possible.

“It would be a waste of everyone’s time to pass a sentence on you today,” the judge told Mr Sutton yesterday.

“I know that you want to get everything sorted and I know you are anxious to find out what the position is as soon as possible.

“(However) there has to be further inquiries made by the DPP before the matters can be finalised.”

He also told the defendant he would not be released on bail.

“Even if you ask for it I will not grant it,” he said.

The judge said bail was out of the question because of “the gravity of the offence and my concern for the welfare of the public, let alone the welfare of the accused”.

Mr Sutton was arrested the day after the fire.

When he first appeared in court over the matter on May 2, he denied responsibility for lighting the blaze.

“I did not light a fire, that is beyond doubt,” he told Magistrate David Heilpern.

He also asked to be given bail to be able to “stay at home and live Comfortable” until the case was heard.

However bail was refused and he has remained in custody since.

The hearing to determine Sutton’s mental fitness will be held at Dubbo Court on a date to be fixed.

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