Key Takeaways
- Charles Wharton, 38, was deemed unfit to plead in the High Court at Hamilton after psychiatric reports concluded his schizophrenia impaired his ability to understand the proceedings.
- He allegedly killed Zahquiel, struck him repeatedly with a hammer, and then attacked Zahquiel’s father and uncle while they were napping.
- Wharton maintains the killing was an accident, a belief his doctors attribute to delusional thinking and confabulated memory rather than genuine recollection.
- Experts agree that without intensive inpatient treatment and medication review, his mental state is unlikely to improve sufficiently for him to participate in a trial.
- The judge ordered a disposition hearing next month to decide Wharton’s future management, while victims’ relatives confronted him silently in court.
Background of the Incident
Charles Wharton had been living with Zahquiel, Zahquiel’s father, and Zahquiel’s uncle for some time before the violence erupted. Two days prior to the attack, Wharton left the household under unclear circumstances. On the day of the killing, neighbours reported him acting suspiciously, prompting police involvement. Around 4:30 p.m., Wharton returned to the victims’ home while the three men were taking an afternoon nap.
Arrest and Police Interaction
Upon entering the residence, Wharton allegedly armed himself with a hammer and repeatedly struck Zahquiel in the head, causing fatal injuries. He then turned the weapon on Zahquiel’s father and uncle, assaulting them as well. When police arrived, Wharton made admissions to officers, stating that Zahquiel “was a demon,” a comment that later featured prominently in psychiatric assessments.
Psychiatric Evaluations
Following his arrest, Wharton underwent multiple psychiatric evaluations over a 22‑month period. Five reports were prepared by different psychiatrists, with the two most recent—conducted by Dr Peter Dean and Dr Jeremy Skipworth—concluding that Wharton was unfit to plead due to his schizophrenia. Earlier assessments, completed at the end of 2024 and into 2025, had found him fit to stand trial, highlighting the fluctuating nature of his mental state.
Expert Testimony on Schizophrenia
Dr Jeremy Skipworth, who examined Wharton in March via audio‑visual link, testified that Wharton’s delusional thinking directly contributed to his belief that the killing was accidental. Skipworth emphasized that while schizophrenia accounted for the delusions, the way Wharton filled gaps in his memory—through confabulation—was not a symptom of the disorder itself but a compensatory mechanism.
Wharton’s Belief About the Killing
When asked by Justice Downs whether Wharton believed he had killed Zahquiel by accident, Skipworth affirmed that Wharton held that view. The judge probed whether this belief stemmed from delusional thinking, to which Skipworth responded affirmatively, noting that other factors likely played a role and that Wharton’s true memories of the event were probably very limited.
Confabulation and Memory Issues
Skipworth explained that Wharton’s memory of the incident was likely reconstructed using delusional or confabulated content. Because confabulation is not a core feature of schizophrenia, it represented Wharton’s attempt to make sense of fragmented recollections. Consequently, his account of what happened could shift daily, influenced by his mood, level of paranoia, or feelings of being overwhelmed, rendering his testimony unreliable and incoherent for trial purposes.
Court Proceedings and Judge’s Findings
Justice Downs outlined the legal threshold for fitness to plead: an accused must be able to conduct a defence, instruct counsel, understand the plea process, and appreciate the trial’s consequences. The judge found Wharton suffered from intermittent auditory hallucinations and residual psychotic symptoms, satisfying this impairment. Despite three experts deeming him fit, their reports were dated months earlier, whereas the latest evaluations highlighted his current unfitness.
Implications for Fitness to Plead
Justice Downs concluded that Wharton’s perception of the killing was compromised by delusional thinking, which in turn arose from his mental illness. Because Wharton genuinely believed he had done no wrong, he wished to frame his defence around that mistaken notion. The judge determined that, given his mental state, Wharton could not meaningfully participate in proceedings and therefore declared him unfit to stand trial.
Family Reaction
During the hearing, relatives of the victims were present in the public gallery. One family member stood, approached the glass separating the gallery from the dock, and silently confronted Wharton as he was led back into custody. This poignant moment underscored the deep anguish felt by those affected while the court grappled with the complexities of mental illness and criminal responsibility.
Next Steps
Having found Wharton unfit, Justice Downs remanded him in custody and scheduled a disposition hearing for the following month. That hearing will determine whether Wharton should receive compulsory psychiatric treatment, be placed under a supervision order, or face another legal resolution. The outcome will hinge on whether further inpatient care and medication adjustments can restore sufficient capacity for him to engage with the justice system.
About the Reporter
Belinda Feek, an Open Justice reporter based in Waikato, authored the piece. She has worked at NZME for 11 years and has accumulated 22 years of experience in journalism, focusing on court proceedings and public interest stories. Her coverage aims to illuminate the intersection of law, mental health, and community impact.