By Adam Cooper
Three deaf people have been committed to stand trial on murder over the death of a deaf man who fell from an apartment balcony.
But lawyers for Jake Fairest, 26, Georgia Fields, 19, and Warwick Toohey, 37, on Wednesday entered a plea of not guilty for their clients at the end of a committal hearing in Melbourne Magistrates Court, on the grounds they are unfit to stand trial.
Robbie Wright hit his head on a guard rail and died from his injuries three days later.
The three accused all have intellectual disabilities and needed medical assessment before they faced trial, deputy chief magistrate Felicity Broughton was told.
Ms Fields, Mr Toohey and Mr Fairest were each charged with murder following the death of Robbie Wright, who fell from a balcony outside his Ringwood apartment on January 15. Mr Wright, 36, died in hospital three days later.
Georgia Fields is pleading not guilty on grounds she is unfit to stand trial.Credit: Joe Armao
They have also pleaded not guilty each to one count of theft, in that they allegedly stole Mr Wright's iPad and bank and identity cards.
During the hearing the court was told Mr Wright and Mr Toohey lived together but were constantly arguing over household tasks.
The court heard both men previously "shared" Ms Fields as a girlfriend.
About a year before Mr Wright's fall, the court was told, the charged trio was seen in a train carriage discussing a plan to kill a man. A deaf woman had seen them using sign language and followed their conversation.
Jake Fairest leaves the Melbourne Magistrates Court on Tuesday.Credit: Jason South
The conversation was also captured on the train's CCTV camera, which police had analysed by an Auslan interpreter.
Interpreter Julie Judd told the court on Wednesday that the phrase "RW fall" was one of those she saw the trio discuss, along with "people fall", "when police it's bad/awful" and "did you push".
The court heard that Mr Fairest later told some of Mr Wright's neighbours that "they pushed" him over the balcony.
But Ms Fields told a friend that Mr Fairest was responsible for the death, but later said all three of them had pushed Mr Wright.
Mr Fairest, of Boronia, and Ms Fields, of Ferntree Gully, are on bail.
Mr Toohey, of Ringwood, remains in custody.
They are due to appear in the Supreme Court on Thursday for a directions hearing.