Man accused in 4 fatal shootings could still go to trial, law professor says

If a jury finds alleged shooter Matthew Vincent Raymond unfit to stand trial, he could be sent to a psychiatric facility and ordered to undergo treatment until he is fit to stand trial, a University of New Brunswick associate law professor says. 

Raymond, who is accused of killing two Fredericton police officers and two civilians, will go through a fitness hearing before a jury on Sept. 30. 

There, Janet Austin said, a jury could review evidence from medical professionals. She said the accused might also be asked questions about whether he knows what is happening to him.

"Given the nature of the alleged crime here … they look at his mental health but also the safety of the public," Austin said. 

• Jury to decide accused shooter's fitness to stand trial

Being fit to stand trial means defendants are capable of understanding court proceedings and are able to defend themselves alone or through a lawyer. It has nothing to do with an accused's state of mind during an alleged crime.

Austin said the procedure coming up on Sept. 30 before a jury is rare during the judicial process.

If Raymond is sent to a psychiatric facility and ordered to undergo treatment, the goal could be to help him become fit to stand trial eventually, which could be a lengthy process.

"It would be unfair to put an accused on trial if the accused, because of their mental illness, didn't know what was happening to them, didn't know they were in a courtroom, didn't know, for example, who the parties in the courtroom were — who was the judge, who was the defence counsel, who was the prosecutor? Didn't know the difference between a guilty plea and a not guilty plea."

It's not clear how long the hearing will last, but Austin said it could take a few days, depending on the evidence.  

• Accused Fredericton shooter ordered to undergo another psychiatric assessment 
• Man accused in fatal Fredericton shootings undergoes fitness assessment

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

Whether the trial proceeds will depend on what the jury decides. What happens after that could be decided by a judge or a mental health review tribunal.