Convicted murderer loses latest appeal

File photo / Bay of Plenty Times

A convicted murderer whose mental state was impaired when he stood trial has lost his Supreme Court bid to have his conviction quashed.

Jason Mark Ferguson, who is in his thirties, was sentenced to life in prison with a minimum period of 10 years after being found guilty of murdering John Sorrenson, a caregiver, near Rotorua in June 2002.

He admitted hitting and stabbing him several times. The men met while hitch-hiking and spent an evening together, and Ferguson alleged Mr Sorrenson had grabbed at his penis when he came out of the shower.

During his trial he said the incident brought back a past memory of sexual abuse and caused him to lose control.

After failing in a bid to the Court of Appeal, where his lawyers had argued he was not mentally fit to stand trial, Ferguson went to the Supreme Court.

But the court, in a decision released today, backed the Court of Appeal's decision.

A recent psychologist's report on Ferguson's confession was speculative and did not undermine a 2002 assessment, the Supreme Court said.

It also backed the Court of Appeal's decision on Ferguson's video statement to police, which was allowed as evidence in the trial.

Before the 2002 trial, a psychologist said Ferguson suffered post-traumatic stress disorder following an earlier incident of sexual abuse, but had no other mental illness or intellectual disability.

A second psychologist found Ferguson had a mild intellectual impairment.

Ferguson was later committed to a mental health unit by a judge after being found at risk of serious self-harm and suffering major depression.

He is eligible for parole in 2012.

- NZPA