In a written finding released to the Bay of Plenty Times, Justice Blanchard said the case met the requirements of Section 20 (2) of the Criminal Procedure (Mentally Impaired Persons) Act.
He made a finding of “act proven but not criminally responsible on account of insanity” – a verdict previously known as not guilty on account of insanity.
Based on the two experts’ evidence, Justice Blanchard found “Mr Church was insane within the meaning of Section 23 of the Crimes Act 1961 at the time he killed his father”.
“Mr Church suffers from schizophrenia. He has an intermittent abnormal state of mind characterised by delusions and disorder of mood, disorder of cognition, disorder of perception and disorder of volition.”
Justice Blanchard said the experts indicated Church was so unwell during the attack that “he was incapable of knowing his actions were morally wrong”.
He said the expert reports indicated Church had made a “good recovery” from his illness.
Church had a history of “poor engagement with mental health services, poor adherence to psychiatric medication and recurrent relapses”.
He needed continued rehabilitation and inpatient care.
“When the time comes, he will require a very careful and considered transition into the community.”
Justice Blanchard said it was necessary to make an order in the “interest of the public” that Church was made a “special patient” in a mental health facility.
He vacated the trial due to begin on March 24.
Verdict ends years-long court process
The verdict concludes a case that has been before the courts many times as Church’s fitness to stand trial was assessed.
He was arrested the day he stabbed his father four times with a knife at a Harding Drive address on September 22, 2018.
An October 3, 2018, report from a psychiatrist at the mental health facility where he was being treated deemed him unfit to plead to the murder charge or stand trial.
A month later, his lawyer Rachael Adams entered a plea of not guilty on his behalf after a psychiatrist assessed him as fit to stand trial. The psychiatrist said a defence of not guilty by reason of insanity might be available to Church and further psychiatric reports were ordered to explore this issue.
Church appeared in the High Court at Tauranga in February 2019 by audio-visual link from a mental health facility and Adams said his mental health had deteriorated and his fitness to stand trial was now in question.
Adams and Crown prosecutor Richard Jenson confirmed they were waiting for written reports from mental health experts on the matter.
In April 2019 the court scheduled a trial to begin in the High Court at Rotorua on October 7, pending further assessment of Church’s fitness to stand trial.
After a June 2019 hearing, Justice Peroze Jagose found Church was unfit to stand trial.
In a further October 2019 judgment, Justice Jagose found Church had caused his father’s death and posed a “serious risk” to public safety.
He said Church was suffering from “treatment-resistant schizophrenia” and three mental health experts found he was “severely psychiatrically unwell” when he attacked his father in the presence of younger relatives.
He ordered Church to be detained in a hospital as a special patient.
His decision took into account 29 formal statements filed by the Crown and photographic evidence.
Auckland Hospital forensic pathologist Dr Kilak Kesha, who carried out the autopsy, said there were four stab wounds – two to the head and one each to the neck and back.
The evidence also included statements from two young relatives who witnessed the attack, saying Church was chopping up an orange before he stabbed his father, who was doing the dishes.
After Church’s health improved, he reappeared in court last year with a new lawyer, Bates, and a jury trial was scheduled in the High Court at Hamilton for next month.
Prosecutor Jenson told the Bay of Plenty Times this week that Church’s mental health subsequently worsened and Bates sought a pre-trial hearing to determine whether his client was fit to stand trial.
Two further mental health expert reports were obtained, which are the two reports on which Justice Blanchard’s findings were based.
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
