Why a not criminally responsible verdict is unlikely in Quebec's election-night murder case
Defence psychiatrist thinks Richard Bain was delusional, but Crown argues Bain knew right from wrong
The verdict in the Parti Québécois election-night murder trial is in the hands of the jurors and they're facing an elaborate puzzle: How should they weigh contradictory testimony from two expert witnesses who disagree on the accused's state of mind?
"In my experience in most of these cases, where there is a battle of the experts, often [they] end up siding with the Crown expert," Patrick Baillie, a forensic psychologist and lawyer, told CBC News.
- What happened on Sept. 4, 2012
- Jury hears it will have to put together 'puzzle' on Richard Bain's criminal responsibility
Richard Bain is accused of first-degree murder in the deadly shooting outside Montreal's Metropolis on election-night 2012. Lighting technician Denis Blanchette died and co-worker Dave Courage was seriously injured.
Bain is being tried by jury in Quebec Superior Court in Montreal.
The Crown argues that Bain went to the the Parti Québécois victory rally that night, armed with rifles, handguns and the intent to kill.
But the defence team is arguing Bain was not criminally responsible due to a mental disorder. It says he was delusional that night, a symptom of his bipolar disorder.
"You have to understand, he had this religious belief that was so real — that he was the instrument of God, that he was chosen," said defence lawyer Alan Guttman in his closing arguments.
While Baillie does not have detailed knowledge of the Bain trial, he does have an extensive background in not criminally responsible, or NCR, trials in Canada, including the Matthew de Grood case. De Grood was declared NCR in May after stabbing five young people at a Calgary house party.
The Calgary-based psychologist told CBC News that in his experience, battle of the expert cases rarely result in NCR verdicts.
'High likelihood' jury may side with Crown expert
Baillie explains that for a jury it can be confusing when two experts disagree.
"There's a high likelihood that a jury may want to simply side with the Crown's expert and find that Mr. Bain knew what he was doing," he said.
In this case, the battle of the experts is between forensic psychiatrist Dr. Marie-Fréderique Allard, called to testify by the defence, and forensic psychiatrist Dr. Joel Watts, called to testify by the Crown.
Allard, in her conclusion of her report, writes: "There is a probability (more than 50 per cent) that the delusional ideas had motivated [Bain's] behaviours."
Watts, on the other hand, concludes: "It is my opinion, with reasonable medical certainty, that Mr. Bain knew the wrongfulness of his acts."
Baillie suggested that kind of contradiction can give psychiatry a bad reputation.
"It doesn't do the profession any good to have two respected professionals come to very different opinions."
He added that kind of evidence makes it challenging for a jury to unanimously agree that all the criteria for an NCR verdict have been met.
NCR: Not a 'loose' term
Before the jury began its deliberations, Quebec Superior Court Justice Guy Cournoyer cautioned that a verdict of NCR must follow strict criteria.
"Each of you may have your own idea about when such a verdict is applicable," Cournoyer said to the jurors on Friday.
"Under our law, however, the verdict of not criminally responsible because of a mental disorder is not a loose term. Quite the contrary."
He said in order to find Bain not criminally responsible, there are two important questions they must answer.
First, he said, they must conclude that the defence team has proved it is more likely than not Bain was suffering from a mental disorder — in this case bipolar disorder — at the time of the offence.
Second, they must agree that the defence team has proved it is more likely than not that his mental disorder rendered him incapable of knowing that his acts were morally wrong.
In order to deliver a verdict of NCR, or any verdict for that matter, the jury must be unanimous.
A verdict of not criminally responsible would apply to all four charges that Bain is facing: one count of first-degree murder, and three counts of attempted murder.
If Bain is found not criminally responsible, he will remain under the care and supervision of a psychiatric facility until a review board makes a decision about his supervision and treatment.
The review board must hold its hearing 45 days after a finding of NCR.
"Mr. Bain will only be released when the review board finds he is not a significant threat to the population," Cournoyer told the jury.
The jury's deliberations begin Saturday morning at 9 a.m.
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