Prosecutors concede Harrison Kitt’s mental illness was not self-induced, accept he was mentally incompetent at time of fatal 2020 crash

The young driver involved in the horror Urrbrae crash that killed two women will not face a prison term after prosecutors conceded his mental illness was not ‘self-induced’.

Prosecutors have conceded a young driver was mentally incompetent – due to a psychiatric illness, not drugs – at the time of a fatal Urrbrae crash that killed two women.

The concession, given in the District Court on Thursday, means Harrison William Robert Kitt has been found not guilty of two aggravated counts of causing death by dangerous driving.

The court heard “a number” of senior mental health experts agreed that, at the time of the crash, he was suffering from “an episode of mania with psychotic features”.

Because of his mental illness, Mr Kitt will not face a prison sentence over the incident – instead, he will be subject to ongoing supervision, likely while living in the community.

Harrison Kitt outside court. Picture: NCA NewsWire / David Mariuz.

In an emotional statement outside court, Mr Kitt’s mother, Kathy, said her family was “very conscious” the concession would generate “mixed reactions in the community”.

“Some will find it difficult to understand that what occurred can be explained by mental illness … we only wish that we had understood some of the warning signs in Harry’s behaviour,” she said.

“We are only now coming to understand the manifestations of Bipolar I disorder which, in Harry’s case, was undiagnosed before this tragic event.

“It is something we, and Harry, will have to cope with forever.”

Flanked by her husband, Andrew, she expressed her sympathy for the families of SA Police Chief Superintendent Joanne Shanahan and Tania McNeill, who died in the crash.

She said the family also thought of “the impact” the incident had upon witnesses and emergency services workers who attended the scene.

“Not a day has passed since that terrible crash that we don’t think of the impact this event has had on the families of the women who lost their lives … their loss is unimaginable,” she said.

“We hope that they can find it in their hearts to forgive Harry for what happened, even though it might be difficult for them to accept that it was not his fault, but the fault of a terrible and debilitating disorder that none of us knew he had.”

Mrs Kitt said the family could not comment further until the court process had concluded.

“We love (Harrison) dearly, and we will stand by him and support him.”

The concession by prosecutors ends months of debate over the incident that claimed the lives of Chief Superintendent Shanahan and Ms McNeill.

They died in a crash at the intersection of Fullarton Rd and Cross Rd in April 2020. Mr Kitt, 20, was behind the wheel of a VW ute at the time.

Mr Kitt pleaded not guilty to the charges, and to one count of causing serious harm by dangerous driving, on the basis of mental incompetence.

SA Police Chief Superintendent Joanne Shanahan. Picture: SA Police/

His family and counsel have maintained, since the crash, he was behaving uncharacteristically prior to the crash, indicating “a manic episode or psychosis”.

Mr Kitt’s counsel tendered several expert psychiatric and psychological reports supporting their contention.

In July, prosecutors said they would “not debate” Mr Kitt was ill, but wanted time to ascertain whether his condition was “self-induced”.

That submission drew an angry response from Mr Kitt’s counsel, who said all of the evidence showed their client’s blood alcohol reading, at the time of the crash, was zero.

Further, they argued the expert reports “positively dismiss” any suggestion their client’s incompetence was due to his own actions.

Under SA law, any person found to have been mentally incompetent, due to a medical condition or illness, at the time of an offence is deemed to be not guilty.

That person is then subject to a limiting term – or period under mental health supervision – equal to the jail sentence that would have otherwise applied.

Such terms do not have to be served in a secure facility, such as James Nash House, and can be undertaken while living in the community.

In court on Thursday, prosecutor Patrick Hill said the DPP had arrived at a settled position.

“In light of the opinions of both psychiatrists, our position is to concede that Mr Kitt was mentally incompetent at the time of the collision,” he said.

Judge Paul Muscat made formal orders, finding Mr Kitt not guilty of all three charges and declaring him liable to supervision.

“Mr Kitt has been examined by a number of experienced, senior forensic psychiatrists,” he said.

“They have expressed the opinion he was suffering an episode of mania, with psychotic features, at the time he was driving the vehicle.”

He ordered a series of expert reports be provided to the court to determine how long Mr Kitt’s limiting term should be, and whether it should be served in a hospital or the community.

Mr Hill asked that an additional report be ordered.

“I make that submission for two reasons – primarily due to the seriousness of the offence,” he said.

“But also, there is a very slight divergence in the diagnoses between the two psychiatrists, which could affect opinions as to ongoing treatment.”

Judge Muscat agreed that “subtle difference” should be resolved, ordered the report and remanded Mr Kitt on continuing bail until November.

Neither the Shanahan nor McNeill families commented outside court.