A mentally unwell man ran down a cyclist, leaving him seriously injured. Photo / 123RF
A mentally unwell man deliberately ran down a cyclist after believing he could hear the cyclist’s thoughts and that the cyclist wanted to kill him.
Today, the High Court at Wellington heard the man was sitting in his car on Marine Parade in Paraparaumu, north of Wellington, about 1.40am on December 28 last year, when the cyclist and his friend rode past.
The man, who has name suppression, saw the cyclist reach into his bag and thought he was reaching for a gun.
He had believed he could hear the cyclists’ thoughts, which were instructing him to kill the man.
Fearing for his life, the man did a U-turn and deliberately sped up, hitting the cyclist, believing he was acting in self-defence.
The court heard the now 34-year-old’s car hit the cyclist with such force that the victim was thrown on to the windscreen, suffering multiple injuries.
His shoulder was so badly smashed that he needed a joint replacement, and he suffered a compound fracture to his lower leg. His phone was also smashed, and his bike was wrecked.
Meanwhile, after the crash, the man drove further down the road and called 111, telling the emergency service what he had done.
Later, he told police he’d intended to kill the cyclist and was surprised to learn that he hadn’t.
The man appeared today for a deposition hearing after the Crown agreed the only verdict on a charge of attempted murder was one of not guilty by reason of insanity.
That meant it was for Justice Christine Grice to determine whether the man was not criminally responsible for his actions on the grounds of insanity.
The cyclist’s victim impact statement, which was read aloud at the hearing, described the physical, emotional, and financial impacts the incident has had on his life.
He said he used to be a keen cyclist and enjoyed pig hunting with his friends.
But now he struggled to ride a bike, and hunting was out of the question. He couldn’t walk for long periods and had poor balance.
He lived with constant pain, explaining that on some days it was a dull ache, while on others it was so severe he couldn’t sleep.
The man took regular pain medication, something doctors had told him he’d have to take for the rest of his life.
He said the pain and loss of his independence had left him depressed, and friends avoided him because they didn’t know what to say. He’d struggled to find work, unable to return to his trade because of his injuries.
A career change at 41 years old with the injuries he’d suffered wouldn’t be easy, and the financial pressure had been stressful, he said.
“What happened hasn’t just caused a few injuries; it’s affected every part of my life and will continue to do so for the rest of it.”
The man’s lawyer, barrister Gretel Fairbrother, said her client had read the victim impact statement and acknowledged he’d caused serious harm and apologised for what he’d done.
She explained that since the incident, the man had been under the care of mental health services and had responded well to anti-psychotic treatment.
Fairbrother also submitted that the man had strong family support, who were very active when they noted the man’s mental health was deteriorating.
They’d been very proactive in trying to get what he needed before the incident, she said.
In making her decision, Justice Grice said it was clear from the medical evidence provided by two psychiatrists and a psychologist that the man had a relevant mental disorder.
One doctor noted the cause of the illness was difficult to predict, but concluded he had probably been psychotic two years before the incident, without coming to the attention of authorities.
Having considered all the information, Justice Grice found the man not guilty of attempted murder by reason of insanity.
She ordered that he be detained at a forensic inpatient facility in Wellington, as an inpatient with a robust treatment plan.
Justice Grice said a treating physician was best placed to decide if, and when, the man could be released into the community.
A hearing to decide if the man’s name will be permanently suppressed will be held at a later date.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently, she was working as a media adviser at the Ministry of Justice.