A man from the Kimberley region has been sentenced to a lifetime custody order after being found not guilty of murdering his foster brother due to mental impairment. Ian Brooke, the defendant, will likely continue to be incarcerated as suitable mental health facilities for his condition are not available.
During a recent special Supreme Court hearing, it was revealed that Brooke, who fatally stabbed his 27-year-old foster brother in November 2023, was experiencing a psychotic disorder at the time of the incident. The court proceedings, held in Broome, emphasized the severity of the act, which occurred in front of family members, including children.
Now 24 years old, Brooke has been diagnosed with schizophrenia. The court heard that he believed his foster brother was the devil and feared for his own life, which led to the tragic event. Justice Peter Quinlan presided over the case, ruling that Brooke would receive a custody order for life, with the Mental Impairment Review Tribunal tasked with determining the specifics of his incarceration.
Two psychiatrists testified during the proceedings, advocating for Brooke to be placed in a secure mental health facility. They suggested that he could eventually be transitioned to community living, contingent upon the availability of appropriate support services. However, the court was informed that such community support for individuals with Brooke’s needs is virtually non-existent.
Currently, the only secure mental health hospital in Western Australia, the Franklin Centre, has a capacity of 30 beds and is facing a waitlist of 20 patients. An alternative facility, the Bennett Brook Disability Justice Centre, was deemed unsuitable as it lacks necessary acute mental health support.
Justice Quinlan stated, “I must conclude that the only lawful order I can issue is a custody order,” citing concerns over the safety and management of Brooke under a community order. He expressed that the prison system in Western Australia lacks the adequate mental health care and rehabilitation options required for this case.
The timeline for when the Mental Impairment Review Tribunal will review Brooke’s case remains uncertain.
