Prosecutors have voiced concerns over killer Danny Klobucar's transfer to Calvary Hospital's mental health unit, arguing security at the facility was "inadequate" and he should be behind bars.
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Klobucar, 27, was last month found not guilty by way of mental impairment of the brutal bashing death of Canberra grandfather Miodrag Gajic, 71, on New Year's Day in 2014.
A jury found Klobucar to be the killer, but agreed with overwhelming psychiatric evidence that he was suffering a mental illness, namely paranoid schizophrenia, and did not properly understand his actions were wrong.
That verdict meant Klobucar would be held in a secure facility, for a length of time to be decided by the ACT Civil and Administrative Tribunal, until he was no longer deemed a threat to himself or the community.
It also required Justice Hilary Penfold to give an estimate of how she would have sentenced Klobucar, had he been found guilty of the murder.
Justice Penfold suggested a 20-year sentence, reduced to 17 years and nine months to take into account time already spent in custody.
The decision on how long Klobucar can be held is now before the tribunal, which will assess whether he is a risk of harm to himself or others in the community.
The case was back before Justice Penfold in the ACT Supreme Court on Thursday after it emerged there were several outstanding charges against Klobucar, unrelated to the killing, for which he had previously been refused bail.
Crown prosecutor Mark Fernandez argued he should be remanded in custody on those separate charges, which were "serious", but he understood Klobucar had already been transferred to Calvary Hospital's Brian Hennessy Rehabilitation Centre.
Klobucar's defence barrister, John Purnell SC, indicated he would seek to have a detention order for the outstanding charges vacated by the court or alternatively would make a bail application.
Mr Fernandez said any such application would be resisted by the Crown.
He told the court the Crown had not been privy to the transfer, raising numerous concerns over the manner in which Klobucar was taken to the hospital and the level of security that accompanied him.
"No-one's come up with a satisfactory answer to the Crown's questions," he said.
Justice Penfold acknowledged the matter before the court needed to be addressed in case the process raised systemic failures that should to be avoided in future.
Mr Fernandez said prosecutors had inquired about security arrangements for Klobucar at the mental health unit - which he understood included one secure villa - and a senior medical staffer had indicated they were inadequate.
That prompted Justice Penfold to respond: "Well, we know it's not a secure mental health facility."
Mr Fernandez referenced a patient who had walked out of Calvary Hospital several months ago, while Justice Penfold said she understood patients had climbed over the wall at Canberra Hospital's mental health facility.
Mr Purnell indicated he would likely make an application for bail on the basis Klobucar resided at the rehabilitation centre when the matter returned to court on Friday.
