Maketū murder accused 'labouring under drug-induced intoxication'

Maketū murder accused Aaron Izett is on trial in the High Court at Rotorua. Photo / File

A psychiatrist has told a jury he could not definitely say whether a man accused of murdering his daughter was "labouring under the disease of the mind" at the time.

Another, giving evidence for the prosecution, told the court there was "no disease of the mind" but the accused was "labouring under drug-induced intoxication".

Maketū father Aaron George Izett, 38, is on trial in the High Court at Rotorua.

Izett has denied murdering 2-year-old Nevaeh Jahkaya Whatukura Ager, whose body was found by police on the tidal flats at Little Waihi in Maketū on March 21 last year.

The Crown alleges Izett killed his daughter between March 20 and 21, 2019 and assaulted three other people.

Pathologist Rexson Tse earlier told the jury Nevaeh sustained multiple bruises and abrasions to her body caused by a weapon or weapons.

Nevaeh had injuries to her buttocks, torso, limbs, face and head, including her lips, ears and neck, which indicated the "degree of force". However, she died by drowning.

Maketū murder accused Aaron Izett is on trial in the High Court at Rotorua. Photo / File

The defence has argued Izett lacked the necessary murderous intent and should be found not guilty by reason of insanity at the time of committing the acts.

Dr Justin Barry-Walsh, a consultant forensic psychiatrist, gave evidence today for the defence as to his opinion of Izett's state of mind at the time of the alleged offences.

Barry-Walsh interviewed Izett on February 4 and July 23 this year.

He said there was "some controversy" around assessing the defence of insanity, particularly when someone was a heavy drug user around the relevant time.

Barry-Walsh said in Izett's case there was a long history of drug use, particularly his probable significant methamphetamine and cannabis use in the days prior to the killing.

Regular heavy use of these drugs can lead to psychotic symptoms, he said.

However, Barry-Walsh said there was evidence "for and against" Izett having been "labouring under a disease of the mind" at time of his alleged offending.

"I can't give a definitive opinion, but there is very good evidence from witness statements there was highly disturbed behaviour and references to him expressing unusual beliefs."

Izett described hearing voices and having hallucinations. There were references to grandiose ideas such as being wealthy which was "unusual" and unlikely.

The accused's probable heavy cannabis and P use in the days leading up to the toddler's death were "highly likely to be causative factors" in his psychotic illness episode, Barry-Walsh said.

Barry-Walsh said the problem that arose was Izett had given evidence in his trial that he had lied to Barry-Walsh during interviews with him this year.

He said there were definitely "residual but limited" delusional symptoms 10 months later but that was not uncommon in cases of heavily methamphetamine use.

Barry-Walsh said Izett also never gave him a clear account of his thinking on March 20 last year.

"But Mr Izett's very dramatic presentation when police were called on March 21 demonstrated to me that he was in a very abnormal state of mind at the time."

When police arrived in Maketū on March 21, Izett was found standing naked in a puddle, holding a pitchfork and blowing a whistle.

"There was a good chance Mr Izett was impaired in his thinking and his reasoning in terms of the moral wrongness of what he was doing," he said.

"The difficulty was that Izett has now told the court that he lied to me."

Barry-Walsh said medical records and his own assessment confirmed Izett's condition had improved in a way which showed his earlier symptoms were more closely linked to his drug use.

Under questioning by Crown prosecutor Kieran Raftery QC, Barry-Walsh conceded he never made a diagnosis of schizophrenia for Izett.

"I would be hesitant to make that diagnosis even now as the symptoms did not seem to be there at the time of our second interview."

Barry-Walsh also agreed with the Crown he could not definitively say whether Izett was labouring under the disease of the mind on March 20 and 21 last year.

Dr Peter Dean, a psychiatrist at the Henry Bennett Centre, saw Izett on March 27 last year and also completed a report into his fitness to plead.

Giving evidence as a Crown prosecution expert witnesses, Dean said that by April 11, 2019, after a stint in the hospital, Izett no longer needed any psychiatric care.

Dean said when he first saw Izett he was "very disturbed, very angry and aggressive" but when I saw him again about 10 days later his symptoms had significantly lessened.

"I felt insanity was not an appropriate finding based on my two assessments in the hospital and all the information provided to me," he said.

"My view was there was no evidence to support a disease of the mind, and without a disease of the mind, insanity is not a defence."

Dean said his finding was more than just on the balance of probabilities. He had "a high degree of confidence" his finding was correct.

"There is no indication he was treated with any regular anti-psychotic medications."

Dean said there was also no evidence to support a diagnosis of schizophrenia. Rather, Izett had been "labouring under drug-induced intoxication".

The trial continues.