Conflict-of-interest hearing scheduled in case of a man accused of attacking nurses

A conflict-of-interest hearing has been scheduled in the case of Randy Van Horlick, the 69-year-old man accused of attacking two nurses at the Georges-L.-Dumont hospital a year ago.

Randy Van Horlick allegedly assaulted nurse manager Natasha Poirier and LPN Teresa Thibeault

Tori Weldon · CBC News · Posted: Mar 13, 2020 4:46 PM EDT | Last Updated: March 13, 2020

Randy Van Horlick is charged with two counts of assault after two nurses were injured in attacks at the Dr. Georges-L.-Dumont Hospital in Moncton on March 11, 2019. (Tori Weldon/CBC)

Judge Yvette Finn has scheduled a conflict-of-interest hearing to clear up confusion related to the trial of 69-year-old Randy Van Horlick of Acadieville, who is accused of assaulting two nurses.

Van Horlick is accused of attacking Natasha Poirier a year ago while she was at work as a nurse manager at the Georges-L.-Dumont Hospital in Moncton, then assaulting licensed practical nurse Teresa Thibeault when she tried to intervene.

On Friday, Van Horlick's defence lawyer, Nathan Gorham, wasn't in court but participated in the Moncton proceedings by phone.

He'd raised the issue of a possible mistrial last month, when Crown prosecutor Marie-Andrée Mallet called Poirier's family physician, Dr. Manon Leroux, to testify about Poirier's injuries.

Randy Van Holick's defence lawyer Nathan Gorham, in the foreground, argued it's 'untenable' for the judge to assess the credibility of a witness who is her former legal client. (Pierre Fournier/CBC)

Mallet told the court that 25 years ago, before Finn was a judge, she had written up Leroux's marriage contract. Finn said she had no recollection of working with the doctor, and Mallet said she did not foresee it as a problem.

But Gorham said there could be a conflict-of-interest issue because of an enduring patient-client privilege and confidentiality.

Friday's hearing was a chance for both sides to clarify their concerns so Finn could decide how to proceed.

Gorham said he intended to contest the doctor's expected testimony that Poirier received a concussion as a result of the attack. Because this would be "contentious evidence," Gorham said he had an "ethical and legal obligation" to raise the issue of an appearance of a conflict of interest.

Natasha Poirier told CBC News she thought she could die while being attacked in her office at the Dumont. (Tori Weldon/CBC)

Mallet said she reviewed case law and feels Gorham has "no arguable grounds for disqualification."

She said she couldn't understand why Gorham was only taking issue with the concussion but not other non-visible injuries she planned to use as evidence, such as whiplash.

"I fail to understand the analysis of this," Mallet said.