The man accused of murdering five people by lighting a deadly fire in a Wellington hostel had absconded from a hospital in Auckland just weeks before the incident.
Now aged 50, the man had been admitted due to a relapse in his paranoid schizophrenia, but left and stopped taking medication before the fatal blaze at Loafers Lodge in Newtown.
A psychiatrist has given evidence in the High Court at Wellington this week, explaining that despite the man’s mental illness, he did not believe a defence of insanity was available.
The trial began last week and is scheduled to run for five weeks. The defendant, who has interim name suppression, faces five charges of murder and two of arson.
The deceased are Mike Wahrlich, Liam Hockings, Peter O’Sullivan, Melvin Parun and Kenneth Barnard.
Reading from an agreed statement of evidence, Crown prosecutor Stephanie Bishop today told the jury about the defendant’s extensive clinical history, which detailed nine admissions to hospital for mental health relapses.
“[The defendant] has an established diagnosis of paranoid schizophrenia. This is a disease of the mind. At the time that [he] lit the first and second fires, he understood the nature and quality of his acts,” Bishop said.
“The issue in dispute concerning the defence of insanity ... is whether at the time [he] lit the fires on the 15th and 16th of May 2023, [he], because of the disease of his mind, did not know that lighting the fires was morally wrong, having regard to the commonly accepted standards of right and wrong.”
His symptoms documented across the past 25 years include hearing derogatory voices, having hallucinations, and suffering from persecutory delusions such as believing his food had been poisoned, contaminated or interfered with.
He often presented as being “perplexed”, laughing inappropriately, showing sexual disinhibited behaviour, and muttering to himself. His symptoms fluctuated over the years as he went on and off medication.
The man was hospitalised four times in the year leading up to the fatal fire.
In March to late April 2023, shortly before the fire, he was in hospital showing aggression, irritability and agitation.
He “reported hearing sounds of ocean waves and smelling evil on the ward”. With treatment his mental state improved, though residual psychotic symptoms remained.
He began taking unescorted trips away from the Auckland hospital, and on one of these he absconded. He called the ward and said he left because “the staff were spitting and s***ting in his food”, Bishop said.
It was noted that if he came to the attention of mental health staff, police,or other agencies, he should be urgently assessed.
The man started the Loafers Lodge fires on May 15 and 16, 2023. After his arrest, he refused to go back on his medication for some weeks and exhibited “severe disturbance of cognition”.
Psychiatrist Dr Justin Barry-Walsh is giving evidence in court today and said his opinion was that insanity was not a defence available to the man.
“There’s no question that [the defendant] was suffering from a disease of the mind as I understand that term at the time of the alleged offending,” he said.
He said paranoid schizophrenia did not automatically mean a person was insane, and the important factor was their mental state at the time of the alleged offending.
“His illness has been severe, there’s no doubt about that,” he said.
“This man has had an illness for years, it’s been difficult to treat, and even when he’s been near optimal treatment he’s still had some symptoms.”
Barry-Walsh noted when the man was particularly unwell, his symptoms were obvious to those around him.
He will explain later why he believes insanity is not a defence in this case.
Last week, the jury heard from multiple Fire and Emergency New Zealand staff who worked to battle the fire or rescue occupants on the night.
Multiple firefighters showed visible emotion, some shedding tears or having to take heavy pauses while giving their evidence as they recounted the events.
Many spoke of their narrow escape from a dangerous phenomenon called “flashover”, in which the fire becomes so hot that all combustible materials in the area spontaneously ignite.
Several firefighters spoke of seeing signs that flashover was imminent and having to evacuate the building despite knowing there were still people unaccounted for inside. They made it out of harm’s way with moments to spare before the flashover happened.
The trial continues.
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.