A MAN accused of stabbing his brother in the back is unfit to stand trial, a judge has ruled.

But a jury will still decide whether Craig Elmer, 46, did put a knife into Benjamin Elmer.

York Crown Court heard that two psychiatrists, after examining Elmer, had decided he was mentally unfit to stand trial as he would not be able to understand proceedings or give lawyers proper instructions to conduct his defence.

After reading their reports, the Recorder of York, Judge Stephen Ashurst, agreed that he should not stand trial.

Instead, he ordered that a jury be sworn to decide whether Elmer committed the act alleged in the charge.

Elmer, of Third Avenue, Tang Hall, faces an allegation of wounding with intent and is currently remanded into prison custody.

If the jury decides he did stab his brother in the back, then the judge who hears the trial can make an order under the Mental Health Act confining him to a psychiatric unit.

The prison authorities can also transfer him to a psychiatric unit under the same act if prison doctors decide it is appropriate.

Elmer’s case will be listed before York Crown Court on January 14 when a date for the jury hearing will be set.