First witness takes the stand in accused shooter's fitness hearing
Judge bans publication of evidence presented at hearing
A Fredericton jury heard Wednesday from the first witness at the hearing into whether Matthew Vincent Raymond is fit to stand trial on four charges of first-degree murder.
Alex Pate, an articling student who's working with defence lawyer Nathan Gorham, was in the witness box in the afternoon, but his testimony cannot be reported.
Raymond, 49, is charged in the shooting deaths of constables Sara Burns and Robb Costello and civilians Donnie Robichaud and Bobbie Lee Wright. They were killed the morning of Aug. 10, 2018, at an apartment building on Brookside Drive on Fredericton's north side.
Justice Fred Ferguson imposed a publication ban on evidence presented at the hearing.
Eight women and four men were chosen Tuesday to make up the jury for the fitness hearing.
Ferguson spent part of Wednesday morning explaining to the jurors what a fitness hearing entails.
In the afternoon, the jury heard two taped conversations between Raymond and his lawyer, Gorham.
Gorham said in court that the conversations were public, within earshot of guards, and therefore not bound by solicitor-client privilege.
The contents of the conversations fall under the publication ban.
The jurors also heard Gorham read a report from forensic psychiatrist Dr. Julian Gojer regarding Raymond's fitness. Another forensic psychiatrist, Dr. Scott Woodside, will be testifying Thursday.
Still faces murder trial
Ferguson previously told the court Raymond will stand trial for the criminal charges he's facing no matter what this jury decides about his fitness. It's just a matter of when, he said.
If he's found fit, he could stand trial soon. If he's found unfit, he'll be prescribed a treatment order of 30 or 60 days, and reassessed for fitness after that.
The first part of Wednesday went to selecting the last two people needed for the jury. Two women were selected to serve as alternates, but the judge released them later in the day because they were no longer needed.
On Monday, Almost 800 people came to the Grant-Harvey Centre to be registered as potential jurors. The court saw 56 potential jurors Tuesday, and 11 on Wednesday.
Raymond's trial on four counts of first-degree murder was originally scheduled for Monday but was delayed to make time for the fitness hearing because of his behaviour in court.
The outcome of the fitness hearing will determine whether the trial on the criminal charges proceeds.
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The question of fitness to stand trial addresses the accused's current mental state and not their state of mind during an alleged crime. It is distinct from criminal responsibility.
If a defendant is found fit to stand trial, it means they are considered capable of understanding court proceedings and of defending themselves, either on their own or through a lawyer.