2nd fitness hearing for accused Fredericton shooter could be cancelled

A second fitness hearing for accused Fredericton shooter Matthew Raymond scheduled for March 16 could be cancelled.

Raymond is facing four first-degree murder charges in the shooting deaths of Const. Sara Burns, Const. Robb Costello, Donnie Robichaud and Bobbie Lee Wright on Aug. 10, 2018.

Defence lawyer Nathan Gorham said previously his client was fit to stand trial after being treated for schizophrenia.

But in court Friday, Gorham said that Raymond's mental state may be reverting, and that "fitness waxes and wanes." If Gorham continues to have doubts about his client's fitness, that hearing may not occur.

The criminal trial cannot go ahead unless Raymond is considered fit. 

Fitness history

Raymond was arrested after the shooting on Fredericton's north side. 

As his case moved through the court system, it became clear to the Crown and defence that Raymond's mental illness was preventing him from understanding the court process.

His defence team asked for a fitness hearing to be done before a jury. In October 2019, that jury found Raymond unfit to stand trial.

This meant he received anti-psychotic medication against his will for 60 days, in hopes of restoring him to a point where he could understand the process enough to defend himself and communicate with his lawyer.

The treatment order expired in December. Since then, his lawyer maintained Raymond was fit. Gorham said Raymond's behaviour normalized after the forced treatment, and two doctors sent letters to the court testifying that he was fit.

The Crown said the two doctors' letters were not enough "credible" evidence to show Raymond is fit.

But those letters and Gorham's belief his client is fit were enough to trigger a second fitness hearing that was scheduled for March 16 to 20. More than 150 people have been summonsed for it and are scheduled to appear at the Fredericton courthouse on the morning of March 16.

Raymond's recent behaviour, including saying he needs no medication, is raising doubts about whether his lawyer is ready to argue he's fit.

In the absence of any party willing to argue Raymond is fit, a fitness hearing legally cannot happen, said Justice Fred Ferguson on Friday. 

In an interview, Gorham said Raymond has asked him to remove from the record information "that clearly assists him in a not criminally responsible defence."

"It raises questions concerning whether he's actually fit to stand trial at this point," Gorham said.

Raymond appeared via video conference from the Restigouche Hospital Centre on Friday and interrupted proceedings several times.

It's not clear if Raymond has been receiving any anti-psychotic medication since the treatment order expired. On Friday, Ferguson gave an order compelling staff to "immediately" release what medication Raymond has been on since he was moved to Restigouche from the Saint John jail. That's in hopes of getting a better idea of his behaviour and mental state.

Gorham said he has found a psychiatrist who can assess Raymond either a few days before the hearing or in the morning right before the hearing starts.

Crown not convinced 

If that doctor finds Raymond fit, Gorham will proceed with that evidence. If not, Gorham will have to withdraw his opinion that Raymond is fit, effectively cancelling the hearing.

In court, Crown prosecutor Darlene Blunston said the Crown doesn't believe this is an appropriate strategy because it leaves all evidence up in the air until a short period before the hearing and would not allow prosecutors enough time to prepare.

Court will reconvene March 13 to decide the next steps.

Fitness deals with an accused's current state of mind, and it's distinct from criminal responsibility.