Serena Perry's family says coroner's office needs more power
Male psychiatric patient summonsed to testify at inquest, but refused to appear, jury hears
A lawyer representing Serena Perry's family is calling for the provincial coroner's office to be given more powers.
John Gillis made the comments on Monday after the coroner's inquest into Perry's death heard that the young male psychiatric patient, who was considered a suspect in the case, would not be appearing to testify.
The patient, whose name is protected by a publication ban, was issued a summons, but he no longer lives in New Brunswick and the coroner has no authority outside the province, the Saint John courtroom heard.
"That witness not appearing really does a disservice, I think, to the jury, who has been tasked with the difficult job of determining what happened to Serena Perry," Gillis told reporters outside the Saint John Law Courts building.
Clearly he's a crucial witness and him not being here makes [the jury's] job that much more difficult.- John Gillis, Perry family's lawyer
"Clearly he's a crucial witness and him not being here makes their job that much more difficult," he said.
"Certainly, it would be helpful if the coroners were granted the authority to have people summonsed from across Canada to attend, but that's for someone above me to make that decision."
The Department of Public Safety, which oversees coroner services, was unable to respond Monday to Gillis's comments, spokeswoman Anne Bull said in an email.
Bull did not indicate when the department would be able to respond.
The young male patient, referred to only as B.M., was the last one seen with Perry, 22.
Earlier in the inquest, the jury heard that the pair had left the psychiatric unit together twice that night. But on the second occasion, they did not sign out and the male patient returned alone.
B.M.'s DNA was found on the gown around Perry's neck, the courtroom heard on Monday. It was not, however, found on samples collected from Perry body and her clothing.
No charges were ever laid in the case. Perry's exact cause of death could not be determined, police had said.
The inquest is being held to determine the facts surrounding Perry's death. The five-member jury may also make recommendations aimed at preventing similar deaths.
Too fragile to testify
B.M., who suffers from paranoid psychosis, anxiety and cognitive dysfunction, is too fragile to testify at the inquest, according to a letter from a psychiatric nurse, which was submitted to the court.
The stress of testifying may cause further mental health issues, it states.
B.M.'s family did submit a two-page statement of defence.
It states that Perry, 22, an involuntary patient who suffered from paranoid schizophrenia, talked of suicide on the night in question and mentioned "an alien" that was following her.
B.M. said Perry frightened him and he left the amphitheatre. As he left, Perry grabbed hold of his hospital gown and it came off, according to the statement.
Video statement to police shown to jury
B.M.'s videotaped statement to police after his arrest on Feb. 15, 2012, was also played for the jury on Monday.
It shows Const. Stephen Davidson, the lead investigator in the case, had a very difficult time just trying to read the young man his rights.
The officer speaks slowly, repeating himself, trying to clarify.
There are long pauses, B.M. asks whether the mirror in the room is a two-way, and whether he has to stay there all day.
"It wasn't genuine," Davidson told the courtroom. "It was an act."
B.M. then says he will not give a statement to police. Davidson gives him another chance to speak to a lawyer and he accepts.
The young man fidgets, mumbles and sings to himself while waiting alone in the interview room until the officer returns to take him back to the detention cell.
Perry's relatives watched the video closely, leaning in to listen. It was the first time they had seen it, said Tasha King, Perry's sister.
"It just shows that he was acting like he couldn't comprehend, but then he would use big words. That is evidence that he could comprehend and he understood everything that they were saying and he just chose not to speak," she told reporters outside the courtroom.
"And it clears up the evidence on why the police couldn't do their job and why there was no charges laid."
Earlier in the day, Davidson testified that no evidence was left in the hospital's amphitheatre when he arrived on the scene. There wasn't even any indication of where Perry's body had been found, he said.
He had to rely on what the nurses who found Perry told him, he said.
The inquest started on May 8. Three weeks have been set aside.
Clarifications
- A letter stating patient B.M. is too fragile to testify at the inquest was written by a psychiatric nurse, not a doctor.May 26, 2015 9:06 AM AT