'Frankly horrific': Murder-accused deemed unfit to stand trial for killing 'demon' child

A man accused of killing a sleeping boy with a hammer before telling police the 8-year-old was “a demon,” has been deemed unfit to stand trial.

“The alleged offending is frankly horrific,” Justice Mathew Downs told the court this morning as Charles Wharton appeared charged with the murder of Zahquiel Taipeti.

He’s also accused of seriously injuring the boy’s father Mitikiro Woods, and the victim’s uncle in their Anthony Cres, Hamilton house on the afternoon of September 1, 2024.

The trio were all asleep when Wharton returned to their home after leaving two days prior, and he allegedly repeatedly struck Zahquiel in the head with the hammer in his bed.

He’s then alleged to have attacked Woods and Zahquiel’s uncle who struggled with Wharton before he left the house.

When spoken to by police, Wharton made admissions and told them that Zahquiel “was a demon”.

The 38-year-old appeared in the High Court at Hamilton this morning for a fitness to plead hearing before Justice Downs, who had five reports prepared by psychiatrists at various times over the past 22 months.

The two most recent reports, prepared by Dr Peter Dean and Dr Jeremy Skipworth, both found that Wharton was unfit to plead because of his mental impairment being schizophrenia.

Relatives of the victims were in court for the hearing, with one standing and walking up to the glass, separating the public gallery from the dock, to silently confront Wharton as he was led back into custody.

‘He’s acting suspiciously’

An agreed summary of facts still needs to be confirmed by the Crown and defence, but in his brief description of what happened, Justice Down confirmed Wharton had been living with the victims until two days before the attack.

Something happened, and he left.

On the day of the attack, “people in the area” reported Wharton to police as they were worried he was acting suspiciously.

Wharton then went to the victim’s home about 4.30pm.

Zahquiel, his father, and uncle were all having an afternoon nap when Wharton entered the home, allegedly armed himself with a hammer, and repeatedly struck Zahquiel in the head, killing him.

He’s then alleged to have attacked the next two victims.

‘He believes the killing was an accident’

Dr Skipworth appeared via audio visual link to answer a handful of questions from Justice Down, regarding his opinion of Wharton’s mental impairment.

Dr Skipworth met with Wharton in March to assess his fitness, and also as to whether he would have a defence of insanity available to him.

“Mr Wharton believes that his killing of Zahquiel was an accident?” the judge asked him.

“That is what he told me,” the doctor replied.

“And it’s your opinion that that’s a product of his delusional thinking?” the judge responded.

Dr Skipworth said he believed Wharton’s delusional thinking contributed to it, but there were likely other contributing factors, and believed that Wharton likely had “very limited true memories” of exactly what happened that day.

Wharton had likely filled any gaps with “either delusional or confabulated memories”.

Charles Wharton. Photo / Facebook

Although that thinking was likely a product of schizophrenia, confabulation was not a part of schizophrenia disorder, it was more the way in which Wharton filled that part of his memory.

Asked if Wharton would carry that confabulated thinking into a trial, Dr Skipworth said he believed Wharton’s account of what happened would change every day, depending on his mood, including his level of paranoia, or whether he was feeling overwhelmed.

Wharton would likely be inconsistent and his coherence “fraught and unable to participate in proceedings”.

He said experts who had assessed him soon after the killing found there were “clearly psychopathic links to his actions”, which were also referenced in a DVD interview, but Wharton now made no reference to those issues.

Asked by the judge if further treatment would help, Dr Skipworth said Wharton had been receiving anti-psychotic medication for the majority of the time since his arrest, but that has only been partially successful.

He said there wouldn’t be any significant change in that unless he was admitted to hospital to have more intensive treatment and a review of his medication.

‘His perception is compromised’

In delivering his decision, Justice Downs explained that an accused was deemed unfit to stand trial if they were unable to conduct a defence, instruct a lawyer, unable to plead or to understand the consequences of doing so and the implications of a trial.

He was satisfied that Wharton had a mental impairment and still suffered from intermittent auditory hallucinations, and the residual symptoms of psychosis.

He noted that while three experts found Wharton fit to stand trial, their reports were prepared first in time; at the end of 2024, and into 2025.

“The heart of the case is that Mr Wharton appears to believe that his killing of Zahquiel was an accident.

“He also appears to wish that his defence ... be based on that proposition.

“It’s not that Mr Wharton is not acting in his best interests, it is that his perception of Zahquiel’s killing is compromised by his delusional thinking and that thinking is in turn, the product of mental impairment.

“The defendant, because of his mental impairment, has concluded that they have done no wrong and wishes to conduct his defence accordingly.”

Justice Down found Wharton unfit to stand trial and remanded him in custody for a disposition hearing next month, to decide what should happen to him.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.