Crown agrees Nicholas Layman not criminally responsible for Topsail stabbing
Judge expected to decide in January on joint submission
The Crown prosecutor overseeing Nicholas Layman's case agrees that the diagnosed schizophrenic is not criminally responsible for nearly killing a young soccer player in Conception Bay South last year.
Layman, 20, returned to provincial court Wednesday for a hearing that will determine whether he is criminally responsible for stabbing an 11-year-old soccer player more than a year ago in Topsail, just outside of St. John's.
The attack, which the court was told in November almost killed the boy, shocked the community and was witnessed by numerous children and parents.
After a morning of testimony from Waterford Hospital forensic physiatrist Dr. Jasbir Gill, prosecutor Frances Knickle agreed with defence lawyer Mark Gruchy that Layman is not criminally responsible.
Voices through radio, television
Gill completed an assessment and psychiatrist report on Layman and had been on the stand at the start of the hearing, answering questions from Layman's lawyer.
Gill testified that "Layman was deprived of moral choice because of illness" and that "he was hearing voices through radio and TV" around the time of the stabbing.
"The voices he heard sometimes told him what to do," Gill said.
"A person hearing these voices can feel compelled to do what they are told to do. They can feel like they don't have a choice."
Layman faces multiple charges, including attempted murder, aggravated assault and assault with a weapon.
He admits to the stabbing, but Gruchy is arguing that Layman should not be held criminally responsible for the attack.
No evidence he 'faked' illness
"After the attack [Layman] says he fled because he felt embarrassed and out of place. That is consistent with psychosis," Gill said.
Gill testified that Layman feared the stabbing would happen again.
The court was told Layman believed he had killed his family's cats, and that's why there was blood on his clothing following the stabbing.
"Long after the boy was stabbed, Layman continued to believe that he had killed the family's cats," Gill said.
She testified that she saw no evidence Layman was faking a mental illness to avoid the consequences.
Layman is doing well at the Waterford Hospital now, Gill said, and has been taking his medication and is more relaxed.
Crown questions Gill
Crown prosecutor Frances Knickle began questioning Gill late Wednesday morning.
"Just because you are suffering mental illness doesn't always mean you don't know what you are doing?" Knickle put to Gill.
Gill agreed, and said it's possible Layman became aware of what he had done not long after the stabbing.
Judge Colin Flynn is expected to decide on Jan. 20 on a joint submission that Layman is not criminally responsible .
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With files from Mark Quinn