The defence team representing Simon Macaulay, the man accused of murdering a woman at Geelong's popular Eastern Beach precinct earlier this year, is investigating whether mental impairment could form part of his legal defence.
Macaulay, 53, of no fixed address, appeared via video link in the Geelong Magistrates' Court on Tuesday to answer charges, including the alleged murder of My Hoa Cuu, a 49-year-old Vietnamese national originally from Melbourne's southeastern suburb of Springvale. Her body was discovered near the children's swimming enclosure at Eastern Beach, Geelong, on 28 January 2026.
During the hearing, defence barrister Moya O'Brien requested a longer-than-usual adjournment, telling the court that further time was needed to investigate whether Macaulay may have a mental impairment defence available to him.
Initially seeking a two-month adjournment, O'Brien later indicated that a three-month delay would be more realistic given the complexity of the case. The court was told that a psychiatrist had agreed to conduct an assessment of Macaulay, although the evaluation process would not begin until September due to the substantial amount of material requiring examination.
According to the defence, the psychiatric review extends beyond a standard interview. The psychiatrist is expected to examine police body-worn camera footage, documenting several interactions between Macaulay and police officers during the 24 hours leading up to the alleged murder. Defence lawyers are also seeking notes prepared by a forensic medical officer who previously assessed Macaulay and deemed him fit to participate in a police interview.
The court heard that the autopsy report relating to Ms Cuu's death had not yet been provided to the defence, although prosecutors indicated it was expected to be made available soon.
Magistrate Franz Holzer acknowledged that the delay was "relevant and concerning" but ultimately accepted that an extended adjournment was justified given the nature of the psychiatric investigations and the seriousness of the allegations.
The proceedings also revealed that Macaulay faces a number of additional summary matters before the Magistrates' Court, with most of those incidents allegedly connected to his behaviour in the day preceding Ms Cuu's death.
Macaulay has remained in custody since being charged earlier this year. He is accused of murdering Ms Cuu, who had reportedly been staying in Geelong for several weeks before her death.
The matter is scheduled to return to court on 3 November 2026, when the psychiatric assessment process and other outstanding evidentiary issues are expected to be reviewed.
As the case continues through the legal system, it is important to note that the allegations against Macaulay have not been proven in court. Under Australian law, he is entitled to the presumption of innocence unless and until found guilty.
