A lawyer for a man who shot dead his neighbour and two of their relatives more than a decade ago has pared back an application for supervised release, asking that he be allowed out into the hospital grounds for a change of scenery.
Donato Anthony Corbo, now 50, has been detained in a secure psychiatric facility since being found not guilty by reason of mental incompetence of multiple counts of murder and attempted murder and a charge of endangering life.
In April 2011, Corbo shot dead his neighbour, Luc Mombers, and Mr Mombers' parents-in-law, Korbus and Annetjie Snyman, who were visiting from South Africa.
Mr Mombers' wife, Rika Mombers, and teenage son, Marcel, survived the attack at Hectorville in Adelaide's east, as did two police officers who were injured when they attended the scene.
Last year, a decade after the offending, Corbo's lawyer lodged an application for supervised release into the community.
However, on Friday in the Supreme Court, lawyer Trish Johnson said she had "narrowed" the application after discussions with the prosecution, who remain strongly opposed to any form of release.
Ms Johnson said that she was now only seeking permission for her client, who has schizophrenia and an intellectual impairment, to walk around the unfenced grounds of the facility, accompanied by two staff members.
"If all the experts are supporting release on licence and all the experts say he's a low risk — which is as good as it gets, if I can put it that way your Honour — then there's no hope of him ever being in a position to ask the court to let him dip his toe in the water and at least attempt rehabilitation with short walks."
Prosecutor Tracey Nelson urged the court to take a cautious approach, saying legislative changes had made it clear that the safety of the community should outweigh any restrictions on a defendant's freedoms.
"Even with the proposed stringency [of the application] … the director still holds firm that the safety of the community will not be adequately protected by any form of release at this time," Ms Nelson told the court.
Ms Johnson said the application for supervised walks in the hospital grounds did not put the community at risk.
Ms Johnson said other killers detained in secure mental health facilities were often given longer periods of leave in the community.
Under legislation that governs court orders on mentally incompetent offenders, the court must take into account psychiatric evidence as well as the views of the victims and their next of kin.
Justice Tim Stanley reserved his decision, saying he wanted to carefully consider all the submissions and expert reports.
