In The News » Kamahl’s charge dismissed on mental health grounds

Kamahl’s charge dismissed on mental health grounds

In March 2023 during a dinner with a group of friends, Kamahl agreed to loan the complainant $2,000.  However, after Kamahl transferred the complainant $2,000, she slowly stopped replying to his messages.

In March 2024, almost a year later, Kamahl asked the complainant if she was able to repay the loan. In response to this request, the complainant replied with an allegation that he had molested her. Kamahl immediately denied the allegation and threatened to sue the complainant for defamation.

During a flurry of messages between Kamahl and the complainant, Kamahl sent the following two messages:

“What a truly lying ungrateful stupid bitch you turned out to be!!! My daughter will be here to see me today when she arrives from Singapore. How humiliating it is going to be to try and explain to her and my estranged wife your lying pathetic claim that I molested you? You have any idea of what a molester is??? I feel as though I want to come and strangle you until you admit your LIE! Bitch.

Today was the worst day of my life, trying to explain to my wife and daughter why I was being accused of being a Molestor! Today I lost the love and respect from two of family and I don’t know if and when they will want to speak to me again because of your lying accusations. I have the urge to come and strangle you, you lying bitch! I have no idea what to do, whether to go public and clear my name and expose you for the liar that you are!! How do I explain to my granddaughter or face her? I will be seeking advice from my lawyers and needless to say that you will be hearing from them.”

Shortly after receiving those messages, the complainant attended the police station to report Kamahl. Kamahl was then charged with the offence of:

– stalk/intimidate, contrary to section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007.

When the charge came before the Sutherland Local Court for mention, Kamahl pleaded not guilty and the matter was set down for a defended hearing. Our criminal lawyer also made a request that the charge be listed for a section 14 application, under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

For more information, see:

Kamahl’s lawyer speaks after intimidation charge, Daily Telegraph, 5 June 2024;

Entertainment music singer Kamahl to face Court over stalking claims, news.com.au, 5 June 2024; and

TV personality Kamahl to apply to have intimidation charge dismissed on mental health grounds, ABC, 5 June 2024.

On 14 October 2024, the section 14 application was heard at the Sutherland Local Court. At Court, our defence lawyer provided the Magistrate with a bundle of documents, including a psychological report that had been obtained at the request of our criminal lawyer. Our criminal lawyer then requested the Magistrate dismiss the charge under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, due to Kamahl’s mental and cognitive health during the period of the alleged offending.

The Court considered Kamahl’s diagnosis of depression, that he was not taking his medication at the time of sending the text messages, and how his cognitive health may have impacted his decision making. The Magistrate ultimately determined that instead of dealing with Kamahl through the criminal law, it was more appropriate to deal with Kamahl by dismissing the charge and placing him into the care of his GP, for 12 months.

This meant that the charge against Kamahl was formally dismissed, with no finding of guilt.

For more information, see:

Kamahl stopped anxiety medication before ‘impulsively’ sending threatening texts, Sydney Court told, The Guardian, 14 October 2024;

Kamahl’s mental health battle revealed in Court, The Sydney Morning Herald, 14 October 2024;

Singer Kamahl’s charge over ‘foolish’ texts thrown out, Yahoo! News, 14 October 2024;

Singer Kamahl’s charge over ‘foolish’ texts thrown out, The Canberra Times, 14 October 2024; and

Singer Kamahl has intimidation charge thrown out in Sydney Court, Nine News, 14 October.