Accused Fredericton shooter unfit to stand trial, jury decides

The man charged in the shooting deaths of two New Brunswick police officers and two civilians is not fit to stand trial at this time, a Fredericton jury decided on Friday. 

Matthew Vincent Raymond, 49, is charged in the shooting deaths of Const. Sara Burns, Const. 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.

The jury of eight women and four men gave their verdict on Friday after hearing testimony from a forensic psychiatrist and a member of Raymond's defence team, as well as audio recordings from court proceedings and interviews with his lawyer.

The jury took two and a half hours to find him unfit for trial because his mental illness prevents him from being able to defend himself through a lawyer.

Justice Fred Ferguson of the Court of Queen's Bench ordered 60 days of treatment, including antipsychotic medication, for Raymond, who will be kept at a psychiatric facility in the province. He will then be reassessed. 

Ferguson previously said being found unfit does not mean Raymond won't go to trial should he be deemed fit. The next court appearance is tentatively scheduled for Dec. 4. 

Ferguson said a different jury will be chosen for a criminal trial. It's not clear exactly when that process would begin.

The fitness hearing was requested by Raymond's lawyer Nathan Gorham in mid-August "by reason of a mental disorder." 

Ferguson found there was enough evidence to call the fitness hearing after seeing some of Raymond's behaviour in court and what he'd said to people during interviews.

In a fitness hearing, jurors aren't expected to decide if someone is fit or unfit beyond a reasonable doubt. Their verdict must be reached based on a balance of probabilities. On Friday, this jury decided it's more likely than not that Raymond is not fit to stand trial.

A publication ban covers all evidence presented in court, including testimony, contents of recordings, closing arguments and some details of the treatment order — barring a few exceptions reported here.

Speaking outside the Fredericton courthouse, Gorham said a fitness hearing benefits everyone because it ensures a fair trial from the outset.

"It avoids mistrials or appeals by ensuring that the trial is fair the first go-around," he said. "It's good for both victims and families of victims and witnesses ... It's also fair to the accused because of course it's accepted in modern-day  Canadian society that the accused should be able to participate."

Two people testified at the hearing: forensic psychiatrist Dr. Scott Woodside and Alex Pate, an articling student who works with Raymond's defence lawyer.

Woodside, who testified he has done thousands of fitness assessments during his 20-year career, spoke outside of courthouse on Thursday and, in general terms, said an assessment is "pretty straightforward."

The typical questions would be: What've you been charged with? Do you know how you can plead in court? What is the worst thing that could happen if you get convicted?

Other questions, he said, include who's in court, what are their jobs, and who makes decision about guilt or innocence in court?

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Woodside also said that in general, it's rare for people to fake being unfit because "your charges don't go away if you're found unfit."

The jury also heard audio recordings as evidence of Raymond's behaviour outside and inside court.

The question of fitness to stand trial addresses an accused person's current mental state and not their state of mind during an alleged crime. It is distinct from criminal responsibility. 

Gorham previously said unfitness will not be a defence strategy he will employ.