High Court to decide if youths charged with murder of Northland man are fit to stand trial

Police at the scene at Okaihau where local man John Biggins was found dead in his car on September 21, last year. Two boys have been charged with his murder. Photo / NZME

The High Court will decide next month if two boys accused of murdering Okaihau man Michael John Biggins last year when they were just 12 and 15 years old, are fit to stand trial.

At a hearing in the High Court at Whangārei this morning, Justice Simon Brewer said the court now had reports from various experts to show each of the boys is fit to plead to the charge but there are doubts as to whether they are fit to stand trial.

The judge allocated half-day hearings to decide that issue for each of the boys on October 22.

Meanwhile, each of the accused continues to be remanded in the custody of a youth facility for a jury trial scheduled for March 6, next year.

Prosecutor Mike Smith told Justice Brewer the Crown will argue for the trial to proceed.

The court could provide procedures and assistance – as it had done in a recent similar case – that would enable the boys to be fairly tried.

Biggins, 62, died on Imms Rd, just south of Okaihau, on the evening of September 27 last year, despite the efforts of emergency services, after his crashed car was found.

The discovery that the crash was not all it seemed sparked a police investigation culminating in charges against the youths. As soon as it became apparent the fatal injuries were not related to the crash, police cordoned off the road and brought in specialist crime investigators.