A man who killed his neighbour in a violent hammer attack less than four years ago will be allowed back into the community against his victim's family's wishes.
In May 2018, Deon Hewitt, 74, was killed when a methamphetamine addict smashed through the Flinders Park home he shared with his wife Patricia and attacked him with a hammer.
Steven Patrick Berg, 38, was found not guilty of murder by reason of mental incompetence a year later and placed on a mental health supervision order for life.
He has been detained at James Nash House since but has now been granted limited release on licence to go on weekly visits into the community for up to three hours.
Mr Berg's lawyer, Trish Johnson, had told the Supreme Court her client should be allowed to walk to the local supermarket with staff supervision to become "acclimatised to being in the community again".
"It's anticipated that it will be a very slow progression in Mr Berg's case," she said.
"We're certainly not seeking to rush through his transition back into the community."
But she told the court if Mr Berg adapted and "did well", the distance he travelled away from James Nash House might be increased.
The prosecutor did not oppose the application, saying she was "comfortable" as it was "not simply a trip into the community" but an "assessment of his fitness levels, his capacity to engage".
The court heard Mr Hewitt's family members opposed any release into the community as they were still recovering from losing their husband and father in 2018.
"On behalf of the victims and their families, their clear firm position is this: that they personally oppose this release of any kind," the family's lawyer Craig Fabbian told the court last week.
"That position is not coming from a position principally of retribution and punishment, but it's actually coming from a position of genuine concern.
"And of particular concern for Mrs Patricia Hewitt, who at this stage is still very much living day to day, finding difficulties in her own home because of the circumstances of where this incident occurred."
Mr Fabbian told the court she had since sold her Flinders Park home but if Mr Berg were to be released into the community her safety concerns would be "heightened".
But on Monday, Justice Sophie David granted Mr Berg release on licence with conditions and banned him from visiting about 15 suburbs in the City of Charles Sturt and the entire Mount Barker District Council region to avoid any contact with Mr Hewitt's relatives.
She said she had taken into account three psychiatric reports and the concerns of Mr Hewitt's family.
Outside court, Mr Hewitt's family said they were unhappy with the judge's decision and felt their concerns were not taken into consideration.
