The Western Australian Supreme Court has made a chilling determination in a case that has shocked the local community. Suzanne Margaret Lupica, a 43-year-old aged care worker charged with murdering an 80-year-old resident, has been found mentally unfit to stand trial.
Court Hears Disturbing Details of Alleged Attack
Justice Joseph McGrath handed down the ruling on Friday, May 16, 2025, after considering psychiatric evidence. The court heard that Lupica is accused of murdering 80-year-old Goldy Cualing at the Regis Port Kennedy aged care facility on the morning of Tuesday, August 22, 2023.
The allegations presented to the court are harrowing. It is claimed that Lupica entered Mrs Cualing's room and assaulted her. The prosecution alleges the attack involved the use of a medical implement. Mrs Cualing was found with serious head injuries and was rushed to Fiona Stanley Hospital. Tragically, she succumbed to her injuries and died two days later, on August 24, 2023.
Lupica was arrested at the scene and initially faced a charge of grievous bodily harm, which was upgraded to murder following Mrs Cualing's death. She has been in custody since her arrest.
Psychiatric Evidence Leads to Unfit Finding
The pivotal moment in the proceedings came from psychiatric reports. Justice McGrath stated that based on the medical evidence before him, Lupica is mentally unfit to stand trial and that this condition is unlikely to change in the foreseeable future.
This finding means the ordinary criminal trial process cannot proceed. Instead of a trial to determine guilt or innocence, the court will now move to a special hearing under the Criminal Law (Mentally Impaired Accused) Act. The purpose of this hearing is to establish the facts of the case and determine whether Lupica committed the alleged act.
The matter has been adjourned until July 25, 2025, for a directions hearing related to this special proceeding. Lupica will remain in custody until that time.
Community and Family Left Seeking Answers
The case has cast a long shadow over the Port Kennedy community and raised serious questions about safety and oversight in aged care settings. The death of Goldy Cualing, a vulnerable resident in a place meant to provide care and protection, has been a profound tragedy for her family.
While the legal process takes an unconventional path due to the unfitness ruling, the pursuit of justice and clarity continues. The upcoming special hearing will be a critical step in examining the evidence and delivering a measure of accountability for the alleged events that unfolded inside the Regis facility.
The outcome highlights the complex intersection of the criminal justice system and mental health, ensuring that proceedings are conducted fairly even when an accused person cannot participate in a traditional trial.
