Photo: RNZ / Mark Papalii
The man accused of lighting the fatal Loafers Lodge fire had "absconded" from an Auckland mental health facility when he lit the fire, the High Court has heard.
A forensic psychiatrist also told the court he did not believe the man could rely on the defence of insanity.
The 50-year-old defendant, whose identity is suppressed, has denied murdering five people by setting the Wellington boarding house alight on 16 May, 2023.
The Crown said the man lit the fire knowing that it was "morally wrong", and that people could die as a result.
The defence intends to argue he was insane at the time.
Loafers Lodge, photographed in 2025. Photo: RNZ / Samuel Rillstone
Crown lawyer Stephanie Bishop on Wednesday detailed the defendant's extensive clinical history, which the Crown and the defence have agreed as fact.
The man had been admitted to mental health facilities eight times between 2001 and when the fire was lit, on May 16 2023 - and for a ninth time following his arrest.
Between 22 March and 21 April 2023, he was admitted to a hospital in Auckland where he was hallucinating, hearing ocean waves, "smelling evil on the walls" and exhibiting sexual behaviour towards female staff, the court heard.
He had been treated with medication and responded well, with several successful occasions of unescorted leave.
Plans were being made for his discharge, but he "absconded".
A week later he called the ward to ask for medication, and said staff had been "spitting and shitting in his food".
Two weeks after that, he lit the fire at Loafers Lodge, which the defence has indicated is not disputed, and was arrested on 18 May.
The man had been in and out of hospital and under community care for 25 years.
Throughout that time he had assaulted people, would mumble to himself incoherently, was often perplexed, angry and paranoid about people interfering with his food, and heard voices in his head, the agreed statement said.
During various assessments he told staff the voices were not telling him what to do, but were sometimes "derogatory", it said.
At one point, he was admitted because he was found running in front of traffic, sitting and lying on the road, and claiming to be the devil, the court heard.
During each admission, which ranged from about a month to about a year, he responded well to medication and would be discharged.
When he was assessed by a court-appointed nurse on 19 May 2023 - the day after his arrest - he was guarded, calm, denied having any hallucinations, and was able to answer questions, but did speak to himself under his breath.
Later that day, he denied having any history or contact with mental health services, the agreed summary stated.
Psychiatrist does not believe insanity threshold met
Meanwhile, On Wednesday in court forensic psychiatrist Dr Justin Barry-Walsh said he did not believe the threshold for the defence of insanity had been met.
Crown lawyer Stephanie Bishop said arguing the defence of insanity was a "three-pronged test": the person has to have a "disease of the mind", and prove because of that they did not understand what they were doing, or that it was morally wrong.
Barry-Walsh said: "I don't believe, on balance he would have defence of insanity."
Dr Justin Barry Walsh. Photo: Nick Monro
While the defendant clearly had schizophrenia, which is a disease of the mind, he knew the "nature and quality" of his actions, Barry-Walsh said.
His testimony continued on Wednesday.
Earlier this week, the court heard from the defendant's sister and cousin, who detailed his mental state, and from social service providers who had contact with the defendant in the days immediately before and after the fatal blaze.
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