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Man accused of murdering paramedic Steven Tougher is not criminally responsible, court hears
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Man accused of murdering paramedic Steven Tougher is not criminally responsible, court hears

Relatives of paramedic Steven Tougher wept in a Sydney courtroom after hearing horrific details of the knife attack on him; when the judge was told that the man accused of murder could not be found criminally responsible due to mental illness.

WARNING: This story contains graphic details of a stabbing attack that some readers may find disturbing.

Jordan Fineanganofo, 23, pleaded not guilty on Monday to six charges, including the murder of Mr Tougher outside the Campbelltown McDonald’s in April 2023.

Crown prosecutor Ken McKay SC told the judge that mental health legislation provides for special orders to be made if a person had a mental health or cognitive impairment at the time and did not know the nature of the act or did not know that the act was wrong.

This decision may be made at any time during the trial if the prosecution and defense agree that the evidence establishes one of these two factors on the balance of probabilities.

In this case the Crown and defense psychiatrists were of the view that Mr Fineanganofo knew the nature of the act but did not know that the act was wrong.

Although both the Crown and the defense have submitted a specific action order that Judge David Davies could take, which would be proven but not criminally liable, this has yet to officially happen.

The court heard that Mr Fineanganofo was experiencing auditory hallucinations, was becoming increasingly paranoid, was not taking medication at the time and was suffering from psychosis, possibly due to a relapse of schizophrenia.

A man crouching in front of a banner holding a flag

Mr Tougher was eating outside the Campbelltown McDonald’s with his shift partner when he was attacked. (Facebook: Steven Tougher)

The court heard the details of the knife attack

Mr McKay read a statement of agreed facts, signed by the defendant, which included detailed details of the stabbing.

While Mr. Tougher was eating lunch with his shift partner in the parking lot, Mr. Fineanganofo approached him with a 15-centimeter knife and began stabbing him without warning.

Witnesses tried to stop the attack and pull Mr Fineanganofo away, as the paramedic fell to the ground before walking to Mr Tougher.

The agreed facts quote him as saying: “I’m going to jail anyway, I might as well kill him.”

He then told Mr Tougher: “Tell me you’re sorry.”

Mr Tougher replied: “I’m sorry for what you think I did, mate.”

Mr. Tougher died in hospital. He was stabbed dozens of times.

Family members sobbed in court as the defendant sat a few meters away in the dock, bowing his head and placing his hands on his face.

Flowers on the path outside where a man was murdered

Floral tributes outside the McDonald’s where Mr Tougher was fatally stabbed. (ABC News: Thorsten Joses)

Victim’s father leaves courtroom and demands apology

Mr. Tougher’s father, Jeff, was among the relatives who stood up and left the courtroom after the details were read.

“Say you’re sorry,” Jeff Tougher said as he left.

The court heard about several other incidents Mr Fineanganofo was allegedly involved in in the days before he went to McDonald’s.

He allegedly frightened a woman with a baby stroller in Bunnings, drove the tip of his knife into a car in the car park, drew the knife on a man at a service station and stole items from that man’s car.

He also allegedly pulled the same gun on a different man after that witness walked around his vehicle, turned on its lights, pierced his puffer jacket with a “calm look” on his face.

The court heard Mr Fineanganofo was assessed after being detained and heard various voices telling him to harm himself and others.

His mother reported that his mental health had deteriorated in the weeks leading up to the McDonald’s shooting.

The case will return to court on Friday.