High Court judge Justice Gihan Kulatunga has asked the parties involved in the Kiala Henri Lusaka murder trial to make further legal submissions on whether the accused’s responsibility was diminished by his possible inability to control his alleged actions and perception of reality.
Judgment was supposed to be delivered yesterday, but Justice Kulatunga said he wanted the parties, assistant Director of Public Prosecutions Elizabeth Rice and Juleen Fatiaki for the prosecution, and Laurel Vaurasi for the defence, to make further legal submissions.
He said evidence led in court suggested possible mental abnormality of Mr Lusaka in the form of psychosis, either induced or underlined by some substance.
Justice Kulatunga said he wanted the parties to make submissions on whether under the two circumstances, Mr Lusaka would be entitled to the benefit of diminished responsibility under Section 243 of the Crimes Act 2008, and whether such abnormalities of mind come under that section.
Section 243 of the Crimes Act says if a person is in an abnormal state of mind — arising out of their mental development, inherent causes, disease or injury — at the time of the act or omission that causes the death of another, “so substantial as to impair a person’s understanding of and ability to control their actions or capacity to know what they are doing is wrong, they are only guilty of manslaughter”.
Justice Kulatunga asked if the parties could make their submission by midday today.
Judgment will be delivered on either Friday, August 5, or Monday-August 8 depending on the availability of a French interpreter for the accused.
