A Supreme Court justice has concluded that a Kelowna, B.C., woman who was charged with second-degree murder and was ordered to undergo a fitness examination is fit to stand trial.
Gabriella Sears is accused of murdering and mutilating Darren Middleton of Kelowna in June of 2021.
Middleton’s common-law spouse of four years Brenda Adams told the court in November 2023 that a Louisville Slugger baseball bat and box cutter were found next to Middleton’s body inside Sears’ home in Rutland. Adams testified that she and Middleton had known Sears, a transgender woman who transitioned only days before Middleton’s death, for around five months, and that they were friends.
Sears was arrested and charged shortly after Middleton’s body was found and has been behind bars since. Pretrial evidentiary issues were resolved through a voir dire that was conducted from July 17 to Oct. 5, 2023, and the main trial began later in the month.
On what was supposed to be the 18th day of the trial, Sears told the courts she was petitioning to fire her lawyers, alleging they had been colluding with the Crown, intentionally trying to embarrass and gaslight her. Justice Carroll Ross urged Sears to take some time to reconsider, but Ross says she remained fixed in her views.
Ross said concerns raised by Sears coupled with the evidence from the voir dire that Sears had been diagnosed with bipolar disorder did suggest that there was “cause for concern.” Ross ordered Sears to undergo a fitness examination, and on Wednesday, a hearing was held to determine if Sears is mentally fit to take part in the remainder of the trial.
Forensic psychiatrist Dr. Johann Brink testified at Wednesday’s hearing after sitting down with Sears for three hours. In his 12-page report, he concluded that Sears understands the basis and consequences of the proceedings and felt she would be able to carry on with the trial.
Crown prosecutors and Sears’ defence lawyer also argued that Sears was deemed fit to move forward with the trial. On Thursday morning, Ross told the courts that Sears is fit to proceed with the trial.
Sears is now working with a new counsel. Counsel will meet on Feb. 20 to discuss future court dates, and it is expected that Sears will appear via video call. Meanwhile, Crown lawyer David Grabavac suggested that trial dates could take place as early as June.
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