New Brunswick

Lawyer for accused Fredericton killer believes client is fit to stand trial

The lawyer for Matthew Raymond, accused of killing four people in Fredericton more than a year ago, believes his client is fit to stand trial.

After previously being found unfit, Matthew Raymond was sent for treatment at Restigouche Hospital Centre

Matthew Raymond is led into the Fredericton courthouse during an appearance in October. (Ed Hunter/CBC)

The lawyer for Matthew Raymond, accused of killing four people in Fredericton more than a year ago, believes his client is fit to stand trial.

On Wednesday, lawyer Nathan Gorham said he will be gathering evidence of his client's mental state following a 60-day psychiatric treatment order at the Restigouche Hospital Centre in Campbellton.

Gorham said he will make an application for another jury to be chosen to decide if Raymond is fit to stand trial so the criminal trial can go ahead.

He did not provide details about what evidence he will present.

"From the standard for fitness or unfitness, a person who … is unable or incapable of communicating with a lawyer and in a meaningful way is unfit," Gorham said outside the courtroom.

"After these 60 days our position is that Mr. Raymond is fit to stand trial. So you can infer from that that our position is that he's capable of communicating with me in a meaningful way."

Defence lawyer Nathan Gorham, pictured in October, says he believes Raymond is fit to stand trial. (Hadeel Ibrahim/CBC)

Raymond was previously found unfit to stand trial by a jury and was prescribed anti-psychotic medication against his will for 60 days. Since the 60 days expired on Dec. 4, he's been in the Saint John Regional Correctional Centre.

Raymond, 49, is charged with four counts of first-degree murder 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. 

On Wednesday, the court also reviewed a report about Raymond's mental health by Dr. Ralph Holly from the Restigouche psychiatric hospital. The contents of the report are under a publication ban.

He can't be tried for the murder of two police officers and two civilians unless he's found fit. Fitness to stand trial deals with the accused's current state of mind and is different from criminal responsibility.

A publication ban was ordered during the fall fitness hearing and covered all evidence presented in court, including testimony, contents of recordings, closing arguments and some details of the treatment order. 

Justice Fred Ferguson had said previously that being found unfit does not mean Raymond won't ever go to trial. He could be tried if he's eventually found fit.

Ferguson has also said a different jury would be chosen for a criminal trial. 

His next appearance is Jan. 6.