Man deemed unfit for murder trial could still face courts

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A man deemed mentally unfit to stand trial for murder 10 years ago could still be put before the courts to face the charge.

But it cannot happen not while he remains a mental health patient, and will not happen at all once the 10-year anniversary of an order detaining him as a special patient has passed.

In November 2005 Martin Robert Lyall was charged with the murder of Kevan Newman and the attempted murder of Bob Norcross.

He allegedly stabbed the men during a rampage on Railside Ave in Henderson, which ended when police shot Lyall.

Shortly after he was charged he was deemed unfit to enter a plea and detained indefinitely as a special patient at the Mason Clinic, a forensic psychiatric facility.

Only the Ministry of Health's director of mental health can authorise a special patient's release.

The Weekend Herald revealed that Lyall had been living in the community to varying degrees since 2013. A "glitch" in the MoH's victim notification system meant Mr Newman's family were not told of Lyall's release, and prompted Associate Health Minister Peseta Sam Lotu-Iiga to call for immediate changes to the process and an urgent review of the system.

Lyall may be living back in Henderson but his special patient status remains. He spends a day each week being assessed at the Mason Clinic, has a curfew and is monitored by mental health services staff.

Upon learning of Lyall's release, Mr Newman's family and Mr Norcross questioned whether that meant he would still go to trial for his alleged offending in 2005.

University of Auckland Professor Warren Brookbanks, who specialises in criminal and mental health law, said as a special patient Lyall was subject to a maximum period of detention of 10 years.

"While Mr Lyall remains subject to a special patient order and is still within the maximum period of detention, there is no power for the police to simply revive the charges," he said.

"That matter lies exclusively in the hands of the Attorney General. As the maximum period of detention gets close, it is likely that the Attorney General will ask the Mental Health Review Tribunal to review Mr Lyall's condition with a view to triggering the process either for seeking a change of status or to get him back before the court for the trial to be continued.

"Which option is pursued will depend on the nature of the clinical advice given and the likelihood of Lyall recovering his mental competence to enable him to meaningfully participate in a trial."

Mr Brookbanks said if a tribunal review indicated that Lyall was fit to stand trial, the Attorney General could direct that he be put before a court for the proceedings to be continued.

If, once the 10 years was up, Lyall was still deemed unfit to stand trial, he would remain a patient.

Mr Brookbanks said in that case, any proceedings against Lyall must be stayed.
Lyall's case had not been referred to Crown Law due to his status as a special patient.