New Brunswick

12 jurors selected for Matthew Raymond fitness hearing

Twelve jurors were selected from 56 candidates Tuesday at the fitness hearing of accused Fredericton shooter Matthew Vincent Raymond.

Dozens of people were questioned Tuesday, selection process will resume Wednesday

A brick building with the words Justice engraved at the top is shown, in front of a lamppost.
There's $7.5 million in the capital budget to start design work on a new Fredericton courthouse, although Transportation and Infrastructure Minister Jill Green wouldn't say whether it will go on the site of the existing one or somewhere else in the city. (CBC News/Hadeel Ibrahim)

Twelve jurors were selected Tuesday at the fitness hearing of accused Fredericton shooter Matthew Vincent Raymond.

The eight women and four men who were chosen make up a full jury panel, but two more jurors are needed to serve as alternates.

Raymond, 49, is charged with first-degree murder in the shooting deaths of constables Sara Burns and Robb Costello and 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 jurors will decide whether Raymond is fit to stand trial.

Raymond, shown here before an earlier court appearance, is charged with four counts of first-degree murder. A jury is being chosen this week to decide whether he is fit to stand trial. (Andrew Vaughan/Canadian Press)

The 12 jurors chosen Tuesday came from the first 56 people who appeared before the judge, Crown, defence and a mini-jury of two people. 

The mini-jury was chosen from the jury pool at the beginning of the day to help the court decide if each potential juror was acceptable.

Other details about what took place, including the questions asked of each potential juror and the answers, are under a publication ban issued by Justice Fred Ferguson of the Court of Queen's Bench.

Number of challenges

During jury selection, the Crown made seven peremptory challenges, and the defence made two. Each side has 22 available to them so "nobody has been excessive," Ferguson said.

The lawyers in this case could use peremptory challenges to remove a potential juror without providing reasons.

Court will reconvene Wednesday morning for selection of the last two jurors. It will likely not take all day to choose them, Ferguson said, so the rest of the day will likely be used to begin presenting evidence.

Almost 800 people came to the Grant-Harvey Centre on Monday to be registered as potential jurors. They were randomly split into groups of 50, and two groups were given times to show up at the Fredericton Courthouse on Tuesday.  

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. 

On Monday, Raymond was removed from the makeshift court in the arena because he was yelling over the lawyers and court clerk. He was sent to another room where he could see and hear proceedings but people in the rink couldn't hear him.

On Tuesday, he appeared in court but for most of the proceedings was held elsewhere in the building. 

When the trial on the criminal charges proceeds will depend on what the jury decides. Once the issue of fitness is determined, and remedied if needed, there will be a trial, Ferguson said.

The question of fitness to stand trial addresses the accused's current mental state and not the accused's 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.