Queensland

Alleged Moorooka bus attacker may never face trial: Magistrate

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A man accused of torching a Brisbane bus, murdering the driver and trapping more than a dozen passengers inside may never face trial, a magistrate has suggested.

Accused Moorooka bus attacker Anthony Mark O'Donohue's charges, including 14 counts of attempted murder, were all referred on Monday to a mental health callover despite protests from his lawyer.

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Security camera footage shows a man allegedly igniting a bus south of Brisbane, killing the driver. Nine News: October 28, 2016

Magistrate Suzette Coates told the court the 48-year-old might spend the rest of his life in The Park mental health centre, pending a psychiatric assessment.

Police allege Mr O'Donohue boarded a Brisbane City Council bus in the city's south on October 28 and threw an "incendiary device" on driver Manmeet Sharma.

Mr Sharma burned to death and passengers on board were trapped, only rescued when charismatic taxi driver Aguek Nyok, a refugee widely hailed as a hero, kicked in the door.

The 28-year-old's death sent waves of grief through Brisbane and to his home in India, prompting strong enough concern for Indian PM Narendra Modi to reach out to his Australian counterpart, Malcolm Turnbull.

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It was initially thought there were 11 passengers on board the 125 bus as it pulled up in central Moorooka at 9.05am.

But police announced on Tuesday they had spoken with another three passengers, prompting three more charges of attempted murder.

Those charges were heard in the Roma Street Magistrates Court on Tuesday morning, where Legal Aid solicitor Sarah Lynch and Ms Coates clashed repeatedly.

Ms Lynch told the court her client was a "classified" patient under an involuntary treatment order and his charges were suspended, pending a mental health report.

She asked for the matter to remain before a committal callover but Ms Coates said it "needs to go to the Mental Health Court".

"I am the mental health magistrate and I will make the necessary course," she said.

"Any matters that are involving a suspension should go to the mental health callover, end of story.

"So I will scoop all the matters involving this man to the mental health callover. Which date would you like?"

Ms Coates initially resisted a defence request for the prosecution to provide a full brief of evidence for the three additional attempted murder charges.

"Just intellectually, why would I be doing the full brief of evidence when he might be finally declared to be permanently incapacitated?" she said.

"So tell me why I would be doing that, why I would be putting prosecutions to that particular issue in circumstances where he may well receive an order that's going to place him in The Park for the rest of his life."

Ms Lynch said a forensic psychiatrist would need collateral material such as records of interview and witness statements to carry out their full assessment and Ms Coates agreed.

The Park - Centre for Mental Health, Treatment, Research and Education, is one of Australia's largest mental health facilities, with almost 150 beds.

Mr O'Donohue faces one count of murder, 14 counts of attempted murder and one count of arson, listed for a mental health callover in February.

His previous mental health treatment in Queensland's public system was put under review in the wake of the alleged attack.

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