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ABC News
ABC News
National
Rebecca Opie

Man accused of killing neighbour with hammer found not guilty due to mental incompetence

Emergency services at the scene in May last year.

An Adelaide man accused of killing his elderly neighbour with a hammer in his western suburbs home has been found not guilty of murder because of mental incompetence.

Steven Patrick Berg, 34, was charged with murdering Deon Hewitt, 74, at his Flinders Park home in May last year.

At the time police said Mr Hewitt died after being assaulted with a hammer.

Mr Berg, who lived on the same street, was arrested a short time later.

The Supreme Court has heard prosecutors agreed with the assessments of two psychiatrists who found Mr Berg was not mentally competent at the time he killed Mr Hewitt.

Justice David Lovell said he also accepted the evidence of the two psychiatrists.

"It's appropriate for me to record a finding … that the accused is not guilty by reason of mental incompetence," he said.

Under South Australian law, when a defendant is found not guilty by reason of mental incompetence the court imposes conditions including psychiatric treatment and monitoring under a supervision order known as a licence.

The licence is made for a limiting term and mirrors the length of the jail sentence the defendant would otherwise have been given.

Mr Berg was remanded in the secure psychiatric facility James Nash House, where he has been since his arrest.

The case returns to court in December at which time the conditions of Mr Berg's limiting term will be discussed.

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