Alleged Bourke Street killer Dimitrious “Jimmy” Gargasoulasen route to the Melbourne Magistrates Court. Photo: Eddie JimThe man alleged to have carried out the deadly rampage through Bourke Street in Melbourne’s CBD has been charged with five counts of murder.

The accused man, Dimitrious”Jimmy”Gargasoulas, 26, refused to appear in Melbourne Magistrates Court because he was “unwell”.

Mr Gargasoulas was interviewed by homicide squad detectives on Monday following his release from hospital, where he had surgery on his arm from a gunshot wound.

The court heard 37 people were hit during the CBD rampage —the five dead and 32 other pedestrians.

It is understood more charges will be laid.

Mr Gargasoulas’ defence lawyer told the court her client was unwell and had asked to be excused from attending court. Magistrate JelenaPopovic granted his request.

Prosecutors asked for a much longer time to serve defence lawyers with the brief of evidence given Friday’s “unprecedented events”, saying it would be monthsbefore Mr Gargasoulas

was served with the brief of evidence.

Ms Popovic remanded Mr Gargasoulas in custody to appear on December 15.

But the magistrate set down a special mention for the case, to be held on August 1.

Detectives had been waiting to question Mr Gargasoulas since Friday afternoon, when he allegedly drove a stolen car along Bourke Street and hit dozens of pedestrians.

Five people were killed, includinga three-month-old baby boy,10-year-old Thalia Hakin, Matthew Si, 33, Jess Mudie, 22, and a 25-year-old man.

Two other people are still fighting for their lives at the Royal Melbourne Hospital. Others are still being treated in hospitals across Melbourne.

Police allege Mr Gargasoulas deliberately drove at pedestrians and hit them in Bourke Street about 1.30pm, before a police vehicle rammed the maroon Holden Commodore and he was shot in the arm.

More to come