Judge slams Disability Act over incest case

Legislation governing how mentally impaired people are treated under the law has come in for special criticism from Christchurch District Court Judge Murray Abbott in a disability hearing for a man facing a charge of incest with his daughter.

The 48-year-old man had a stroke while awaiting trial and has now been found to be too mentally impaired to stand trial.

Two doctors gave evidence of his medical condition and prognosis at a disability hearing today. Seven months after the stroke, one said it was unlikely there would be significant improvement.

Judge Abbott found that the evidence proved the offence, and the man was now mentally impaired, but the hearing had to be adjourned for more inquiries under the Criminal Procedures (Mentally Impaired Persons) Act, to decide how to deal with the man and finally dispose of the case.

"It is absolutely ridiculous that these procedural formalities have to be gone through," Judge Abbott said.

The court was being required to go to ridiculous extremes required by the Act, when the ultimate disposition of the case was in no doubt, he said.

The man and his wife were both charged with incest after taking part in sexual threesomes with their 17-year-old daughter. The teenager had returned to the family after living almost all her life with relatives.

The wife pleaded guilty to the charge after a depositions hearing, and her sentencing has also been adjourned.

Judge Abbott said he believed his criticism of the Act would be seen as just another "voice in the wilderness".

- NZPA