Jury to decide if alleged Hong Kong murderer fit to stand trial after psychiatrist questions his mental state
Accused said to have suffered from severe delusions and claims he was possessed by ghosts
A jury must decide whether a man accused of murdering a 15-year-old girl is fit to stand trial, after hearing he believed he was possessed by ghosts to have sex with his victim and that he fought holy wars while time travelling with Jesus.
A psychiatrist on Friday expressed serious reservations after hearing the escalation of the defendant’s delusions.
Her expert opinion, which was supported by a second psychiatrist, has prompted a successful defence application halfway through the trial that resulted in the jury being given a new task to decide if Lau Cheung-fai, 37, is fit to stand trial, instead of whether he is guilty of murder.
“Is he [suffering from a] disability?” defence counsel Michael Arthur asked. “The defence says that given the severity of his mental state, he is.”
Mr Justice Kevin Zervos said the jury will now have to determine six elements when reaching a decision – from whether Lau can understand the charge against him and decide his plea, to whether he can exercise the right to challenge a juror and give instructions to lawyers, and follow the course of proceedings and give evidence if he wishes to.
“Should you find the defendant is fit to stand trial, a normal trial will follow, in which you will not be involved,” he explained to the jury.