A killer gardener who was found not guilty of viciously stabbing a Darwin mother to death in front of her five-year-old daughter will likely face an “indefinite” term in prison due to the lack of mental health facilities in the Northern Territory.
On Monday, loved ones of local business owner and mother Sheena Fairfield packed into the Supreme Court gallery to watch Justice Stephen Southwood evaluate the appropriate mental health treatment plan for Joerg Kloepper.
The 59-year-old Darwin garden business owner stalked his former employee and her five-year-old daughter back to their Leanyer family home before brutally and repeatedly stabbing Ms Fairfield in her own yard on November 10, 2022.
Sheena’s husband, Mick Fairfield previously told the NT News the scene he returned to was the stuff of his “nightmares”.
Mr Fairfield said he had to follow his wife’s trail of blood through their yard back to her body, which was covered in cuts and lacerations.
He remembered finding his daughter, Brooklyn hiding under a blanket inside the house, telling him: “Daddy there was a man here trying to cut mummy’s head off”.
Despite admitting to killing Ms Fairfield, in the eyes of the law, Kloepper was earlier this year found not guilty by reason of mental impairment.
Over the 1226 days Kloepper was on remand before the verdict on March 20, the court heard he was repeatedly held as an involuntary psychiatric patient at the Royal Darwin Hospital due to his Major Depressive Disorder.
On Monday — two months after the not guilty finding — Supreme Court Justice Stephen Southwood flagged the decision by the acting Director of Public Prosecutions to accept this plea was made after consulting with Sheena’s family.
“The matter proceeded the way that it has in accordance with their acceptance and communication to you, that in all of the circumstances, that was the appropriate way to proceed,” he said.
Both Prosecutor Neil Kumar and Defence barrister Ambrith Abayasekara SC agreed given the lack of mental health facilities in the Territory, Kloepper had to remain indefinitely under the supervision of Corrections.
Mr Abayasekara SC said while his client’s “chronic, severe, major mental illness” had resulted in a not guilty verdict, is was “also the reason why he must be on a custodial supervision order”.
“There being no forensic psychiatric hospital in the Territory, a custodial supervision order where Mr Kloepper is ordered to reside at a correctional centre is the only alternative,” he said.
Mr Kumar presented a recent mental health report which found Kloepper was deemed to be at a “chronic” and serious ongoing risk of self harm and had completely stopped taking his medication, while Mr Abayasekara acknowledged his client only had a “guarded” prospect of recovery from his treatment-resistant mental illness.
“He has only been selectively accepting his medication for physical health purposes, and has consistently refused to take any of his antidepressant or mood stabiliser medication,” Mr Kumar said.
“Long term risk reduction work, in terms of the reduction of the risk of self harm and risk of harm to others… can only take place once there is meaningful improvement in his depressive symptoms.
“Community-based supervision is neither available, suitable, or appropriate.”
Mr Kumar said the most appropriate facility was the Complex Behavioural Unit, a section of Darwin Correctional Centre designed as a forensic mental health unit to hold people with complex mental illness and cognitive disabilities.
Justice Southwood said he was considering a 20-year ‘nominal term’ before Kloepper could access a major review of his custodial supervision order, which the court heard acted as a “hypothetical sentencing exercise”.
“The effect of such an order is that he would remain in custody, as it being the only reasonable way of treating him, for a period of 20 years before there is ther review… an effect that is similar to a sentence,” he said.
But Mr Abayasekara said it was a requirement under the act for a mental health report to be prepared about Klopper’s condition every year, but that would not necessarily proceed to a hearing.
Justice Southwood adjourned the hearing for another three days to Thursday, with Mr Fairfield telling the court: “I’ve already done three and a half years”.
Outside of court Sheena’s widow said he was “gutted”, having previously told the NT News he felt he had been left in the dark by the justice system over the details of his wife’s killing.
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