Prosecutors unlikely to challenge alleged killer driver Harrison Kitt’s claim of mental illness
Prosecutors will “not debate” a driver involved in a fatal crash that killed two women was mentally ill – but may argue his condition was “self-induced”.
Police & Courts
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Prosecutors will likely concede a young driver was mentally ill at the time of a double-fatal crash, a court has heard – but will question whether his condition was “self-induced”.
On Monday, prosecutors told the District Court they needed more time to consider expert reports before accepting Harrison Kitt’s plea of not guilty due to mental incompetence.
Patrick Hill, prosecuting, said a report from Dr Paul Furst, head of the SA’s forensic community mental health service, warranted “further consideration”.
“It’s unlikely there will be any debate over Mr Kitt relevant to him suffering mental illness at the time of the crash,” he said.
“One issue that I need time to consider is self-induced intoxication, and whether that may have been a substantial cause of Mr Kitt’s episode.”
His submission drew a stern response from Mr Kitt’s barrister, David Edwardson QC, who said the evidence showed his client’s blood toxicology at the time was zero.
“There are no reports that indicate otherwise, and Dr Furst’s report positively dismisses the notion of self-induced intoxication,” he said.
Mr Kitt, 20, of Urrbrae, has pleaded not guilty to two aggravated counts of dangerous driving, and one count of causing serious harm by dangerous driving.
The charges arise from an April 2020 crash in which SA Police Chief Superintendent Joanne Shanahan, 55, and Tania McNeill, 53, both died.
Since the incident, Mr Kitt’s family and counsel have asserted he behaved in an uncharacteristic manner prior to the incident, indicating a “manic episode or psychosis”.
Under state 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.
On Monday, Mr Hill said three expert psychiatric reports had been tendered in Mr Kitt’s case, all of which had to be considered in light of the “self-inducted intoxication” question.
Judge Michael Boylan granted a three-week adjournment, and remanded Mr Kitt on continuing bail.
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