Richard Bain murder trial now in the hands of the jury
Single shot fired from semi-automatic rifle killed Denis Blanchette, injured Dave Courage
The jury in the murder trial for the 2012 Quebec election-night shooting has been sequestered and charged to come to a decision on four counts: first-degree murder and three counts of attempted murder.
The 12 jury members will stay at a hotel tonight, and will begin their deliberations on Saturday morning at 9 a.m.
Richard Bain is accused of first-degree murder for the deadly shooting outside Montreal's Metropolis concert hall, which left stagehand Denis Blanchette dead.
The shooting happened just before midnight on Sept. 4, 2012, as then-premier designate Pauline Marois was delivering her victory speech to a crowd of supporters.
Before it was sequestered, the jury spent Friday afternoon listening to instructions from Quebec Superior Court Justice Guy Cournoyer.
He told the jury Friday to carefully weigh the facts before them, without prejudice and without feeling influenced by public opinion.
"This case primarily concerns the state of mind of Mr. Bain on Sept. 4, 2012," Cournoyer told the members of the jury in his final instructions.
Jury members were told they would have to be unanimous in their decision to deliver any verdict, whether it be one of not criminally responsible due to a mental disorder, or a guilty verdict.
NCR is not 'a loose term'
Much of the judge's instructions focused on the complexities of the defence's main argument, which is that Bain is not criminally responsible, or NCR, due to a mental disorder.
"Each of you may have your own idea about when such a verdict is applicable. Under our law, however, the verdict of not criminally responsible because of a mental disorder is not a loose term. Quite the contrary," Cournoyer said.
He explained that in order to find Bain NCR, the jury will need to agree that the defence proved it's more likely than not that Bain was suffering from bipolar disorder at the time of the offence, and that it rendered him incapable of knowing that his acts were wrong.
Bain is also accused of three counts of attempted murder:
- One count for Dave Courage, who was seriously injured by the same bullet that killed Blanchette.
- A second count for Quebec provincial police Sgt. Stéphane Champagne.
- A third count for a dozen stagehands who were standing nearby when the gun went off.
The jury will not be asked to return a verdict on two other charges: arson and possession of an incendiary device.
Angry or mentally sick?
In presenting his closing arguments on Thursday, defence lawyer Alan Guttman repeatedly asked the jury: "Was this anger? Or was this a man who was sick?"
Guttman argued that Bain was delusional that night, and that he even told a police officer moments after his arrest that he meant to shoot over their heads.
The Crown argued, on the other hand, that Bain knew what he did was wrong and that he went to the Metropolis with a plan to kill as many separatists as possible.
"The PQ rally was, arguably, a gathering of separatists — the object of Mr. Bain's hatred," Crown prosecutor Dennis Galiatsatos said.
A core part of the Crown's case is a note, written by Bain during a session with a psychiatrist just a couple months after the shooting. In the note, Bain wrote that his plan was to "kill as many separatists as I could."
He wrote that if his semi-automatic rifle hadn't jammed, he would have kept on shooting, and if he had found then-premier-designate Pauline Marois, "I would have killed her."
The defence argued that Bain might have been delusional when he wrote that note and that it could be a fabricated memory.
Galiatsatos suggested that if it's a fabricated memory, it's a very accurate and detailed one.
Bain was experienced hunter, Crown argues
Galiatsatos also tried to shatter the idea that Bain only meant to shoot over the heads of the stagehands.
The Crown reminded the jury that Bain is an experienced hunter, and pointed out that Blanchette, who was shot in the chest, was standing only a few feet away from Bain, according to eyewitness testimony.
"Does that make any sense?" Galiatsatos asked.
"Or did he just say that because he realized he was caught, and he realized he was in trouble. Big trouble. And he realized he better think of a way to get out of it?"
Bain has testified that he has no memory of the shooting, but the Crown asked the jury to consider if Bain could be lying.
Galiatsatos referred to something Bain said, while under oath, during cross examination.
"I don't consider them lies. I just consider them trying to get what I need," Bain said, when he was pressed about three times when he lied after his arrest.
Galiatsatos asked the jury: "Consider that when you consider his testimony. Is he lying to you? Is he trying to get what he needs?"
Liveblog recap of closing arguments
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