NSW: Baby killer found mentally unfit to stand trial

AAP General News (Australia)
12-12-2008
NSW: Baby killer found mentally unfit to stand trial

By Katelyn John

SYDNEY, Dec 12 AAP - A Sydney man who thought he was suffering from "devilism" when
he fatally stabbed a baby girl in the throat has been found mentally unfit to stand trial.

Jayant Kumar Singh, 55, was released from a mental health facility in Rozelle three
days before he stabbed the nine-month-old girl in front of her two young siblings.

She was already dead when ambulance officers arrived at the Campsie house, in Sydney's
south-west, about 10.30am (AEDT) on December 22, 2006.

NSW Supreme Court Acting Justice Jane Mathews said on Friday the "particularly senseless
and brutal killing" was committed in front of the baby's siblings, aged two and four.

She said there had been no apparent animosity between Singh, who was not related to
the girl, and her family.

Psychiatrists concluded he had a severe mental illness at the time of the attack.

Justice Mathews said that while there was no doubt Singh killed the baby, there was
some doubt as to whether he was guilty or not guilty due to mental health reasons.

Singh had originally wanted to plead guilty to murder because he believed he was suffering
from "devilism", she said.

"(He said) black magic spells were placed upon him in his native Fiji," the judge said.

"He insisted he didn't suffer from mental illness but devilism."

Psychiatrist Stephen Allnutt told the court Singh's delusions were part of a degenerative
brain disease which needed treatment before he would be able to stand trial.

He would be unable to enter a rational plea or properly instruct his lawyers in his
current state, he said.

"He continued to express ongoing delusional beliefs ... involving mountain men, ASIO
and other people," Dr Allnutt told the court.

"While I thought he had a schizoid personality disorder, the most dominant problem
I thought he had at the time was a probable neurological degenerative condition which
is a brain disease causing psychosis and thinking difficulties.

"It puts both him and counsel in a difficult position (when they) need to be sure about
the ultimate decision made.

"I'm not confident that he would be able to follow the proceedings adequately."

In light of Dr Allnutt's evidence, Justice Mathews said she found Singh unfit to stand trial.

"It's clear that Mr Singh understands the nature of the charge against him, however,
his ability to plead rationally to that charge and to instruct counsel is, on the basis
of the psychiatric material before me, significantly impaired," she said.

"This being the case, and it being unlikely that there will be any improvement within
the short future, I consider it appropriate to find that he is unfit to be tried."

Singh has been referred to the mental health tribunal, which will review his case over
the next 12 months to establish whether he becomes fit enough to face trial.

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KEYWORD: SINGH

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