‘Ghosts and voices’ – questions over teen stabber’s mental state

A Kilburn teenager who claims she was mentally ill when she allegedly killed a drug dealer also told doctors she would fight her trial “to the end”, a court has heard.

A drug-hungry teenager who claims mental illness drove her to stab a dealer 34 times in three minutes also insisted she “never done it” and would fight her trial “to the end”, a court has heard.

The Supreme Court has also heard Cynthia Rigney expressed “concerns about ghosts” and “hearing voices” for months after her arrest over the alleged murder of Maria Luis.

However, one of the state’s top experts says he cannot be sure Ms Rigney was so psychotic that she should be spared a prison cell.

On Tuesday, forensic psychiatrist Dr Paul Furst told Ms Rigney’s trial that he had assessed her in November 2021, more than three years after the killing.

“She indicated she had pleaded not guilty because ‘I never done it, I’m not capable of doing something like that to somebody’ and that she intended ‘to fight it until the end’,” he said.

“She said she did not remember the stabbing … I don’t think she appreciated the full effect her mental illness had had on everything in her life.

The scene of the fatal stabbing on Goodman Ave, Kilburn, on December 8, 2018. Picture: AAP/ Keryn Stevens

“But there was no explanation, or anything deriving from her psychosis, as to why she would be unable to know that stabbing a person was wrong.

“There just wasn’t enough there to make out, or make it certain, that there was that (mental incompetence) defence.”

Ms Rigney, 22, of Kilburn, has pleaded not guilty to murdering Ms Luis, 61, on December 7, 2018.

Previously, prosecutors alleged Ms Rigney had a clear motive to kill Ms Luis, and was mentally competent at the time.

They alleged Ms Luis had refused to sell cannabis to Ms Rigney, who had “poor frustration control when denied”.

Cynthia Rigney. Picture: Facebook

Cynthia Ellen Rigney is on trial for the alleged murder of Maria Luis, who was killed in her Kilburn home in 2018. Picture: 7NEWS

If convicted, Ms Rigney will serve a life sentence in prison – if found incompetent, she will serve a lifetime period of medical supervision.

On Tuesday, Dr Furst said Ms Rigney had a “clear” history of “treatment-resistant” schizophrenia before and after the incident, including three admissions to hospital.

“She described hearing voices and concerns about ghosts, but it was unclear to me if she had hallucinations at the time (because) she was either not able or not prepared to describe what happened (at Ms Luis’ house),” he said.

“There’s fairly clear evidence she was unwell for some time prior, and we know she was unwell after.

“The question mark is that final step between ‘do I have a mental illness that’s active?’ and ‘does that give rise to the criteria for a legal defence?’ … I could not quite cross that bridge.”

Steven Millsteed KC, for Ms Rigney, asked Dr Furst if he accepted he “could be wrong” about his “finely-balanced” conclusion.

Dr Furst replied: “Absolutely.”

Mr Millsteed suggested the motive for the killing was “more likely psychotic”, given the “frenzied” nature of the stabbing.

Dr Furst said that was not necessarily the case.

“Multiple stabbings occur in heightened emotional states – such as people who are very angry – and those states can occur in any person,” he said.

“And they can particularly occur in a person who’s been angry they’ve been rejected for buying cannabis, particularly if there’s a perception that refusal was unfair or might have been a racial reaction.”

The trial, before Justice Anne Bampton, continues.