Paramedic stabber may never face jury

A man who killed a paramedic at a McDonald’s allegedly said “I might as well do this because I’m going to get arrested anyway” before stabbing the emergency worker, a court has heard.

Jordan Fineanganofo, 23, was charged with murder after killing paramedic Steven Tougher, who was grabbing some food on a night shift with a colleague at Campbelltown McDonald’s in Sydney’s southwest in April last year.

Tougher had been in the job for about a year and had married his wife, Madison, five weeks before his death.

Madison was pregnant at the time of Tougher’s death and has since given birth to their baby girl, whom she named Lily-Mae Stevie Tougher.

Mr Fineanganofo’s case was heard in the NSW Supreme Court on Monday morning where it was revealed a witness claims they heard the 23-year-old say he was going to stab Mr Tougher as he was “going to get arrested anyway”.

Prior to the stabbing, police say Mr Fineanganofo went on a “mini rampage”, allegedly assaulting and stealing from people not known to him ahead of the attack.

He was charged with murder, common assault, destroying or damaging property, being armed with intent, two counts of attempted wounding with intent, two counts of wounding a person with the intent to cause grievous bodily harm, stalking with the intent to cause physical harm, and stealing.

Mr Fineanganofo’s alleged words before the stabbing are set to be the main focus of the trial, in determining whether he knew the seriousness of what he was doing.

The court heard how Mr Fineanganofo will plead not guilty to all of the charges on mental health grounds, with two reports from separate psychiatrists – one from the crown and one from the defence – submitted to the court.

Mr Fineanganofo’s lawyer AJ Karim said the defence’s psychiatrist Dr Olav Nielssen had indicated in his report that he has “the defence of not being criminally responsible due to the mental health impairment”.

Mr Karim also said his client will be requesting a judge-only trial as a result of the mental health findings.

Judge-only trials can be run in a case of mental health impairment, so long as both the defendant and prosecutor agree on the evidence.

Mr Karim said there would not be “much dispute” in regards to the “factual matrix surrounding what took place on that day” between the prosecution and the defence.

“I think everyone’s in agreement that there’s not really much in dispute,” he said.

Crown prosecutor Ken McKay SC said he believed both psychiatrists should be heard on the significance of the words allegedly said during the attack before deciding whether the trial should be in front of a jury or judge-only.

“There is evidence that we point out from a particular witness who hears the accused say something during the course of the stabbing,” he said.

“One interpretation may be that he knew what he was doing was wrong because he was pointing out, I might as well do this, because I’m going to get arrested anyway.”

Justice Helen Wilson placed a trial date down for November 4 and ordered the two

psychiatrists “be called on” first before a call is made on whether the case will be heard in front of a jury.

If required, the jury will be empanelled on November 11. The trial is estimated to take two weeks.

The fatal stabbing came four years after NSW Ambulance introduced a body-worn camera pilot in Sydney’s Eveleigh, Liverpool and Hamilton stations to help keep paramedics safer on the job.

In 2019, there were more than 400 reported incidents of occupational violence against paramedics.