The case for 18-year-old Rihaal Kumar, who is alleged to have caused the death of Sharuf Shaakir Khan, has been adjourned to next Thursday.
Kumar appeared before Justice Daniel Gounder in the Suva High Court this morning.
DPP lawyer Bhavna Kantaria says they need time to go through Kumar's psychiatric report, but from what they can gather he is unfit for plea and cannot stand trial.
Defence Counsel Mark Anthony says they are asking for some time to go through the report.
Anthony also raised that court orders were for Kumar to be at the St Giles Hospital but three weeks ago he was taken back to remand so they are trying to figure out why this happened.
Justice Gounder says from the report it seems as if Kumar has some form of mental impairment due to a defect in his brain, which has been undiagnosed for the last 14 years.
He says it is not a schizophrenia case but he has similar symptoms of schizophrenia with delusions, but there is some suggestion that his target is specifically one group relating to their sexuality.
Justice Gounder says that doctors are proposing treatment, and if his symptoms relapse, Kumar could go after people from his target group.
He asked State counsel if they do not accept the report, they will have to get a second opinion.
Counsel Kantaria says they will need time to consider alternatives, look at the report and consider their stance.
Justice Gounder advised that they can act under the Mental Health Act 2010.
The Mental Health Act 2010 in Fiji provides the legal framework for treating mental disorders, protecting patient rights, and managing involuntary detention, often interacting with the Crimes Act 2009.
It focuses on care, treatment, and protection, including the establishment of a Mental Health Review Board and procedures for prisoner mental health.
Justice Gounder has adjourned the case until next Thursday.
