Thomas Raymond Pryce, 84, was due to appear in Brisbane Magistrates Court on Thursday after being charged with the manslaughter of 78-year-old Alan William Williams, according to court documents.
Pryce is accused of being involved in a disturbance with Mr Williams at the aged care centre in Aspley in Brisbane's north on February 21.
"During the altercation, the 78-year-old man was pushed over and sustained a life-threatening head injury," a police statement said.
Mr Williams was taken to hospital where he passed away two days later.
However Pryce did not appear in court on Thursday despite being granted bail at a police watchhouse and receiving a notice to attend.
"It's a unique situation, sorry," defence solicitor Josh Tiffin told magistrate John Costanzo.
The defence solicitor made an application to extend bail under state laws which seek to have a person with an impairment of the mind released.
Pryce has advanced Alzheimer's and requires 24/7 care at the home, Mr Costanzo heard.
"He is a resident in a secure care, locked dementia ward," Mr Tiffin said.
Mr Tiffin applied for Pryce to remain out of custody but without bail on the basis he had a cognitive impairment that meant he could not understand the nature and effect of a bail agreement.
Prosecutors did not oppose the application.
Mr Costanzo said he could not grant Pryce's application as he had not received an affidavit from his aged care provider or consent for him to live there while on release.
"I have no indication of what 'locked' means," Mr Costanzo said.
"He requires 24/7 care. How can I release him to his family?"
Pryce's stepdaughter had his power of attorney and he had no criminal record, Mr Costanzo heard.
Mr Tiffin's suggestion that Pryce be released into the care of his stepdaughter, who would then return him to aged care, was also rejected.
"I'm not prepared to make an order on this statement of evidence," Mr Costanzo said.
Mr Tiffin withdrew the release application to re-apply at a later date, with Pryce set to remain at the home.
Mr Costanzo signed a warrant for Pryce's arrest but ordered it not be served by police unless required at a later date.
The matter was adjourned to April 1 after Mr Costanzo called for a swift resolution of Pryce's bail issue.
Mr Tiffin and Pryce's stepdaughter did not comment as they left the court building.
18°C