Why fatal assault accused wasn’t in court

A man accused of a fatal assault in Melbourne’s CBD did not come to court as his lawyer claimed the man was “withdrawing heavily” from heroin.

Todd Menegaldo, 33, was arrested on Tuesday and charged with manslaughter after a three-week manhunt located him at a Moonee Ponds address.

He was scheduled to appear in the Melbourne Magistrates’ Court on Wednesday morning but did not leave the custody centre.

His lawyer, Karen Sheridan, told the court that Mr Menegaldo was “very unwell” due to heroin withdrawals and asked the case to proceed in his absence.

“My client has instructed he does need to seek medical attention because he’s withdrawing heavily,” she said.

Mr Menegaldo was remanded into custody ahead of a committal mention in March next year.

Police will allege Andrew Truman, 44, was struck in the head while walking on Elizabeth St in the city’s CBD about 6.30pm on Wednesday, October 9.

Police will allege Mr Truman fell and hit his head losing consciousness before dying in hospital two days later.

It will be alleged Mr Menegaldo, also known as “Rooster”, was captured on CCTV following Mr Truman and calling out abuse before striking the right side of his head.

In a statement, Mr Truman’s family described the 44-year-old as a vibrant and independent man “unafraid to be himself in any context”.

“He was a marvellous and fierce supporter of the LGBTQIAP+ community and a proud gay man,” they said.

“He didn’t hesitate to take the lead on the dance floor or in singing karaoke.

“May we all have at least an ounce of his flavour.”

His family thanked anyone who stopped to help the passionate Western Bulldogs supporter on October 9, including emergency services and staff at the Royal Melbourne Hospital.

“We are still in shock at his loss,” they said.