Accused murderer Francesco Dimasi's defense of mental incompetence may not be viable because of his drunkenness, the court has heard

An elderly man charged with the stabbing murder of his wife may not be able to use his mental competency to defend himself because he was “very drunk” at the time of the incident, a court has heard.

Defense lawyer Trish Johnson appeared in the Supreme Court of South Australia on Monday on behalf of her client Francesco Dimasi, 92, who was barred from appearing for health reasons.

He is accused of stabbing his wife Maria Dimasi 76 times at their Findon home in December last year.

“No plea has been filed and none should be included in my application because I believe there are grounds that he may be unfit.” [to stand trial]“I don’t think mental competency is an issue, but the expert might as well consider it,” Ms. Johnson said.

Ms Johnson said she believed mental incompetence was not a viable defense for Mr Dimasi because he was “very drunk” when he allegedly murdered his wife.

A court previously heard that the 92-year-old had a blood alcohol level of “more than four times the legal limit” and was “obviously drunk at the time of his arrest.”

Previously, Mr Dimasi had also called the police and told them that he had stabbed his wife and that the 85-year-old “deserved it”.

On Monday, Ms Johnson asked Judge Sandi McDonald to order a report into Mr Dimasi's health and mental fitness to appear in court, saying she had been unable to prepare a report herself due to a backlog in the system.

She told the court that the backlog was caused by the heavy workload of attending doctors and asked the court to fund and order such a backlog on her behalf as it was becoming a “growing problem”.

Judge McDonald agreed and ordered the report, saying the situation was “extraordinary”.

Ms. Johnson suggested having the report prepared by a neuropsychologist or psychiatrist who specializes in geriatrics and has forensic training.

Ms Johnson had previously told the court that Mr Dimasi was “physically and mentally very weak”, “no longer moves independently” and was “not a danger” to others.

“I don’t even try to get instructions anymore, I just can’t do it,” she said.

Mr Dimasi will return to court in December.