Karen Tui has been detained at the Henry Rongomau Bennett Centre since the death of her mother in 2019. Photo / Michael Craig
More than four years after Karen Tui was charged with murdering her mother in their family home, she has been acquitted on the basis that she was insane at the time of the “terrible event”.
On August 13, 2019, Tui went to the New Plymouth police station and asked officers to check on her mother, Suzanne Tui, at her home in Whaler’s Gate, New Plymouth.
Police went to the address but could not raise anyone, according to the Crown summary of facts.
A sergeant phoned Tui who then told him to enter the property through the rear, where a pane of glass in the laundry door had been smashed.
During the call, Tui asked the sergeant if “she had killed her mother”, the summary said.
After police entered the house, Suzanne, 72, was found dead on the kitchen floor. The cause of death was not detailed in the summary nor was it mentioned in court.
Tui, who was under the mental health service care at the time, went on to text an associate stating: “I hurt mum sec after sec day after day constantly pos-sessing me.”
She also messaged her sister and admitted to killing their mother. Tui was later arrested and found with scratches on her jaw, chin, neck and hand and what was believed to be blood on her shoe.
The following year, Tui was found unfit to stand trial due to the status of her mental health at the time.
She was subsequently detained as a special patient in the secure Henry Rongomau Bennett Centre under the Criminal Procedure (Mentally Impaired Persons) Act.
However, recent improvements in her mental health meant she was now able to stand trial.
Defence lawyer Paul Keegan went on to enter a not-guilty plea to the murder charge on behalf of Tui, on the basis that she was insane at the time of the offending.
On Wednesday, Tui appeared in the High Court at New Plymouth via audio-visual link from the mental health facility for the purpose of a judge-alone trial.
Prosecutor Cherie Clarke submitted that the evidence proved Tui had killed Suzanne but accepted, based on two mental health reports provided to the court, that she was not criminally responsible on the grounds she was insane at the time.
Keegan did not challenge the Crown’s case and Justice Francis Cooke subsequently found her not guilty by reason of insanity.
On the issue of disposition, Clarke submitted Tui should be detained as a special patient.
She called evidence from Dr Justice Barry-Walsh, who recently assessed Tui and opined she could be managed better under a special patient order.
Barry-Walsh said Tui has a long-standing psychosis that involved delusional beliefs and hallucinations in respect of her family, particularly her mother.
He said she had been “seriously unwell” since at least 1998 and while Tui was now “substantially better” she still experienced the delusions.
“While she’s treated and while she is in a stable environment and stable herself they are less of an issue for her but they are present,” he told the court.
Barry-Walsh said in certain circumstances those delusional beliefs could become more intrusive and impact her behaviour.
He told Justice Cooke, who had to decide whether to make Tui subject to a special patient order or an inpatient order, that special patient status was “a much more onerous disposition”.
It would provide a longer stay in hospital with oversight by the Ministry of Health. Any decisions around her leave and change of status would ultimately be determined by the Minister of Health.
As an inpatient, decisions around leave and discharge would be made by her treatment team.
Keegan did not oppose a special patient order and said Tui understood what it entailed.
Before adjourning the hearing, Justice Cooke made an order to continue Tui’s existing detention until he released a written ruling on his verdict and what order he would make.
“If I could just express my sympathy to the family for this terrible event,” he said after indicating the decision would be released by the end of the week.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff where she covered crime and justice, arts and entertainment, and Māori issues.
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