The defence team for accused Fredericton, N.B., shooter Matthew Vincent Raymond has filed an application Wednesday seeking an order to have the judge step aside from the trial due to “demonstrated bias” in relation to Raymond’s mental disorder.
Raymond is accused of killing civilians Donnie Robichaud and Bobbie Lee Wright, as well as Fredericton police constables Robb Costello and Sara Burns, on Aug. 10, 2018.
He faces four counts of first-degree murder.
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According to the defence team, Raymond suffers from a mental disorder, either a delusional disorder or schizophrenia, “which presents unique challenges for the defence.”
Last October, a jury found Raymond unfit to stand trial, which led to Raymond undergoing a 60-day treatment period that included receiving antipsychotic medications.
However, the defence said that the trial judge’s decisions relating to Raymond’s mental disorder “have been unreasonable and injudicious,” and that the judge’s “mind is closed to the significance of Raymond’s mental disorder.”
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“At points in the proceedings, the trial judge spoke harshly toward Mr. Raymond, chastising him for speaking out in court,” the defence team said.
“This was a tactic that certainly would not regulate the behaviour of a person with a distorted reality such as Mr. Raymond.”
The defence also noted that the sitting judge used the clarity of Raymond’s communication skills to prove that Raymond did not have a mental disorder.
“This revealed stereotype-based thinking concerning mental disorders … it suggested a belief that a person who expresses themselves clearly does not have a mental disorder, and conversely, a person who is mentally ill would appear incoherent.”
The defence believes that even though the trial judge’s conduct has been unfair, it had not yet impacted the fairness of Raymond’s trial, “although it has caused substantial delay.”
No date has been set yet to hear this application in court.
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