Judge must take into account mental illness of rape defendant

A judge has been asked to take into account the history of mental illness of a man who allegedly raped a woman at knifepoint.

Khateebulla Mirza is accused of breaking into a woman’s apartment in Auburn, in Sydney’s western suburbs, and raping the occupant while recording the encounter on his phone.

In the hours before the attack, Mirza also allegedly indecently touched a woman’s breast in the western suburb of Marrickville.

A month earlier, the 38-year-old man allegedly touched a woman’s buttocks outside a building in Zetland, in the city’s south.

Mirza has pleaded not guilty to eight charges, including sexual touching without consent, aggravated sexual intercourse without consent and assault.

In her closing arguments Wednesday afternoon, Crown prosecutor Caroline Dobraszczyk told the court the facts had been proven beyond a reasonable doubt. The court must, however, decide whether the accused was criminally responsible at that time.

“I can say this case is not as clear cut as other cases,” she said during the trial before a judge alone at the Downing Centre District Court in Sydney.

In his closing submissions, Mirza’s lawyer, Bill Neild SC, argued that he had mental disability and urged the judge to take into account historical evidence of his mental illness.

Over two days, Judge Ian Bourke heard from two expert witnesses who met Mirza in the months after the alleged offence.

Crown witness and forensic psychiatrist David Greenberg told the court the 38-year-old truly believed he was programmed to commit crimes.

“These three offences were, in his view, morally justified because he was participating in a programmed game that controlled his behaviour, even though it was legally wrong,” he said.

Ms. Dobraszczyk questioned Professor Greenberg about his assessments of Mirza in two sessions.

“You are firmly convinced… that he did not understand the acts?” she asked.

“That’s correct,” Professor Greenberg said.

Another forensic psychiatrist, defence witness Adam Martin, had previously told the court that Mirza was mentally impaired at the time of the incidents.

Dr Martin said Mirza had “delusional beliefs” that he was trapped in a video game.

Justice Bourke adjourned the case and his decision is expected on Tuesday.

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