Prosecution weighs sane mind defence

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The State has sought time to decide whether to apply for a mental inquiry for former high school student Rihaal Kumar after his latest psychiatric evaluation found him unfit to take a plea or stand trial.

Justice Daniel Goundar, presiding over the case, said if the State does not accept the second psychiatric report and wishes to proceed with the murder trial, it would need to prove beyond reasonable doubt that Mr Kumar, 18, was sane at the time of the alleged offence.

Senior prosecutor Bhavna Kantharia and defence lawyer Mark Anthony of Millbrook Hills Law sought time to confirm their positions after reviewing the full report.

The prosecution alleges the killing was premeditated, claiming Mr Kumar purchased a $5 dagger five days before the incident and asked his father to sharpen it. He allegedly used the dagger and two kitchen knives to stab Sharuf Shaakir Khan multiple times at an apartment complex on Waimanu Rd, Suva, on July 7, 2025.

Justice Goundar said the report suggests Mr Kumar has a mental impairment caused by a brain defect present for about 14 years, accompanied by hallucinations and delusions. The report also hints at a particular “target group” but is silent on risks to public safety.

He asked both parties to consider a Mental Health Act application to ensure Mr Kumar is properly monitored and not released untreated.

Mr Kumar was further remanded, with the case adjourned to March 26.