Judge rules in favour of efforts by Raymond defence to speed up process

A judge has ruled Matthew Raymond can have one jury to both decide his fitness to stand trial and his guilt or innocence on murder charges.

Raymond is charged with four counts of first-degree murder in the shooting deaths of Fredericton police constables Sara Burns and Robb Costello, and Donnie Robichaud and Bobbie Lee Wright of Fredericton. He was arrested after a shooting on Fredericton's north side in August of 2018.

Justice Fred Ferguson sided with the defence on the one-jury argument. He said it's Raymond's right to keep the same jury for the two trials. However, if Raymond is found fit in August, he can also choose to have a second jury summonsed.

Defence lawyer Nathan Gorham said having one jury will make the transition between a fitness hearing and criminal trial quicker.

The Crown was worried having one jury will be risky, in case too many jurors need to be excused between the fitness hearing in August and the trial in September, resulting in a mistrial.

Speaking to reporters outside the makeshift courtroom at the Fredericton Convention Centre, Gorham said the goal is to get his client to trial as quickly as possible.

"We're asking for one jury, and an abbreviated adjournment process, and more potential jurors to avoid a mistrial," he said. "All three of those applications were there for the purpose of trying to get the trial done and completed as early as possible."

The fitness hearing is tentatively scheduled for Aug. 17 at the Fredericton Convention Centre. Ferguson said this fitness hearing will probably be the first instance of a jury being chosen in the country after the COVID-19 pandemic was declared.

Raymond, 50, has been in custody since his arrest. He was slated for a criminal trial last year, but his behaviour in court and lack of communication with his defence lawyer prompted questions about his fitness to stand trial.

A jury found him unfit in October of 2019 after a three-hour deliberation. Since then, he's been receiving antipsychotic medication. He needs to go through a second fitness hearing before the murder trial could go ahead.

The process has been further delayed by the court shutting down because of COVID-19.

All sides have been meeting again since the courts reopened two months ago. On Monday, the judge made multiple rulings about next steps. Raymond appeared by phone from the Restigouche Hospital Centre where he's been for the past few months.

Other rulings

Ferguson ruled the defence is not allowed to admit to certain elements of the crime, or have an agreed statement of facts, until Raymond is found fit. 

Gorham argued he's spoken to Raymond while he was still fit, and he has the right as his lawyer to make admissions for him.

However, Ferguson said that won't be fair to Raymond. He said because Raymond is still unfit in the eyes of the law, he can't consent or admit to anything.

Ferguson said he will attempt to move up the trial date to earlier than Sept. 28, if Raymond is found fit. 

On Monday the court heard jury summonses will come out in the near future. Selection will take place under strict physical distancing, where potential jurors will be spread out, split into groups and given face shields.

Summonsing enough jurors?

Ferguson also ruled he will only allow in the exact number of jurors the court could fit in the convention centre, or a bigger venue if found, while still maintaining physical distancing.

Gorham has been attempting to persuade the court to summons many more people than can be accommodated at once, and bring them in to court in groups. But the law prevents the court from being able to sort jurors remotely, and Ferguson ruled even during a pandemic he does not have the reach or the authority to go against the law.

"I'm not prepared to break the law, it's just that simple," he said. "I believe the law says what it says."

Ferguson said there is an effort underway to update the law, but no progress has been made yet.

"I think it's an oversight, I think it's going to be remedied, but it's not going to be remedied in time" he said.