The State of Western Australia v Zahidi

The State of Western Australia has applied to the Supreme Court of Western Australia for the trial of Mr Zahidi on one count of attempted murder to be heard by a judge alone, without a jury. The basis of the application is that the issue for determination at trial will be whether Mr Zahidi was of unsound mind at the time of the commission of the alleged offence, and that this is a complex issue that will be better assessed by a judge sitting alone. The State does not oppose the application. The Court must determine whether it is in the interests of justice for the trial to be by a judge alone. In the present case, the Court is satisfied that it is in the interests of justice for the trial to be by a judge alone, as the issue at trial will be the accused's mental capacity at the time of the alleged offending, which will rely on the evidence of expert witnesses. The Court orders that the trial of Mr Zahidi be by judge alone.