The defence lawyer representing a man standing trial for assaulting two nurses in Moncton, N.B., has already admitted his client committed an assault.
Bruce Randolph (Randy) Van Horlick, 70, of Acadieville, has entered not guilty pleas to two counts of assault causing bodily harm, both of which are alleged to have occurred at the Dr. Georges-L.-Dumont University Hospital Centre on March 11, 2019. A nurse manager, Natasha Poirier and LPN Teresa Thibeault are listed as the complainants in the case.
“At this point, the defence has conceded the essential elements of bodily harm have been proven,” Judge Yvette Finn said to the court Wednesday.
Shortly before adjourning for the day, defence lawyer Nathan Gorham suggested that “there will be no surprises” in a psychiatrist report that’s expected to be presented to the court when the trial continues Thursday.
“But he was extremely emotionally invested in that situation and his position is that he does not remember assaulting her in any way,” the lawyer said. “He remembers a lot of noise in his ears and the next thing he remembered was being held by the male nurse and being told he can’t assault women.”
Gorham has previously stated that Van Horlick blacked out and underwent a “non-insane automatism” episode, a defence suggesting actions committed were non-voluntary.
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Poirier previously testified Van Horlick came into her office and requested his wife be moved to a different room. She testified Van Horlick said his wife was having seizures as a result of doctor-prescribed medication and gave her “three seconds” to make a decision on relocating his wife before the alleged assault started.
On Wednesday, a lengthy voir dire continued into the afternoon regarding evidence from one of the victim’s family doctors.
A voir dire is a hearing to discuss the admissibility of evidence and if it can be entered in a trial. Normally, voir dires are subject to a publication ban, however, we can report on what happened as this is a judge-alone trial, meaning jurors won’t be preconceived.
Dr. Manon Leroux, Natasha Poirier‘s family physician for about 20 years and who has practiced for approximately 30 years, was on the witness stand most of the day.
She testified Poirier is still off work to due to symptoms such as headaches, dizziness, sensitivity to lights and sounds, described as post-concussion syndrome. Leroux also discussed psychological symptoms such as anxiety and nervousness, symptoms she says are part of Post-Traumatic Stress Disorder (PTSD).
Gorham had many questions about the admissibility of Leroux’s evidence, but eventually agreed to proceed with the hearing.
The psychiatrist is expected to testify as part of the defence’s case, as is Van Horlick. The psychiatrist report, Gorham said, is expected to be ready as the trial continues Thursday.
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