Wife of former Automotive Holdings Group chairman charged with attempted murder at Perth aged care home

Gay Bernadette Branchi, 88, appears in court via audio link; magistrate expresses concern over her vulnerability and possible dementia

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Gay Bernadette Branchi, the 88-year-old wife of former Automotive Holdings Group chairman Robert Branchi, has been arrested and charged with attempted murder over allegations she tried to kill her husband at their shared aged care home in Claremont, Perth.

Mrs Branchi was taken into custody late on Thursday from The Queenslea residential aged care home in Claremont, one of Perth's most expensive care facilities where lump sum deposits for a room reportedly exceed $1.6 million. She appeared in Perth Magistrates Court on Friday via audio link from a bedside hearing, where she could be heard crying.

Her legal aid lawyer attempted to apply for bail, but the magistrate stated that it was not within her jurisdiction to hear such an application due to the seriousness of the charge. Under Western Australian law, bail applications for murder and attempted murder charges must be heard at Stirling Gardens Magistrates Court, which exclusively handles preliminary proceedings for serious criminal offences bound for the Supreme Court. Stirling Gardens sits only once a fortnight.

The court heard there were some "cognitive mental capacity" issues. The magistrate expressed concern about Mrs Branchi remaining in custody, noting she was very vulnerable and possibly living with dementia. "I have real concerns as to whether she can be remanded in custody," she said, adding, "my hands are tied."

Court records show that Gay and Robert Branchi shared a room at The Queenslea. The couple also still own a four-bedroom riverside home in Mosman Park, which they first bought in 1995 for $1.5 million.

Robert Branchi served as chairman of the Perth-based car dealership network Automotive Holdings Group from 2004 until his retirement in late 2010. He had previously served as a director for 25 years and was a substantial shareholder, owning more than 17 million shares as of 2007.

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Analysis

Why This Matters

  • The case highlights the challenges faced by elderly and potentially cognitively impaired individuals within the criminal justice system, particularly when serious charges prevent standard bail processes.
  • It raises questions about the adequacy of aged care settings to manage complex interpersonal dynamics between residents, especially those with cognitive decline.
  • The outcome could set a precedent for how courts handle attempted murder charges involving elderly defendants with suspected dementia.

Background

Robert Branchi is a prominent Perth businessman who led Automotive Holdings Group, one of Australia's largest car dealership networks, for many years. The couple had lived in Mosman Park before moving to The Queenslea, an upscale aged care facility. The allegations emerged from an incident within the care home, though specific details of the alleged attempt have not been disclosed in court.

Key Perspectives

The prosecution: Seeking to hold Mrs Branchi accountable for an alleged serious violent offence against her husband, with the charge carrying significant weight under WA law. The defence: Through her legal aid lawyer, attempting to secure bail while raising concerns about Mrs Branchi's cognitive mental capacity and vulnerability. The magistrate: While sympathetic to Mrs Branchi's condition and expressing concern about her being remanded in custody, bound by jurisdictional rules that prevent her from granting bail for attempted murder.

What to Watch

  • The next scheduled sitting of Stirling Gardens Magistrates Court (fortnightly), where a formal bail application can be heard.
  • The outcome of any cognitive or mental capacity assessments ordered by the court.
  • Any potential transfer of Mrs Branchi to a secure medical or aged care facility while on remand.

Sources

Zotpaper

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