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Defence to argue against murder suspect’s criminal responsibility

David Wilson’s defence will begin presenting its case Thursday and is expected to argue why the accused murderer is not criminally responsible for the stabbing death of Robert Barbeau.
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David Wilson’s defence will begin presenting its case Thursday and is expected to argue why the accused murderer is not criminally responsible for the stabbing death of Robert Barbeau.

The Crown rested its second-degree murder case against Wilson Wednesday. After three days the Crown called four witnesses to help show that the accused was criminally responsible at the time of the 2014 stabbing.

Before the Crown rested, Forensic psychiatrist Dr. Mark Pearce, who examined Wilson for two months between February and April 2015, concluded his second day of testimony. That testimony included cross-examination from defence attorney Neil McCartney.

Pearce again told the court it is his opinion the 50-year-old, who has been diagnosed with schizophrenia, is criminally responsible for his actions when he stabbed Barbeau in the parking lot of their McLaughlin Street apartment complex on the evening of June 5, 2014.

Barbeau later died in hospital on June 8, 2014.

Pearce testified he disagrees with the initial assessment conducted by a forensic psychiatrist at the Thunder Bay Regional Health Sciences Centre in the immediate months following the stabbing. That psychiatrist concluded the victim and accused had a relationship with historical, minor conflicts and the attack was driven by delusions and could not have concluded a reasonable person would have deemed those actions to be wrong.

Pearce said his opinion is the two men had a current, conflicted relationship and Wilson was motivated by anger from past grievances and a perceived slight and sought vengeance.

While he said Wilson definitely does suffer from a mental disorder, the psychiatrist believes Wilson was only mildly to moderately ill at the time of the stabbing and his symptoms were not severe enough to negate criminal responsibility.

During the cross-examination, McCartney asked Pearce how an assessment conducted eight months after the incident would be more accurate than one done closer to the attack.

Responding to testimony from the day before that Wilson had told multiple people he provided untruthful information during his first assessment, McCartney asked whether it was possible for Wilson to have changed perceptions after undergoing treatment.

Pearce said it was possible, but he referred to “red flags” he had previously identified on Tuesday and said it remains his opinion Wilson was embellishing his symptoms.

McCartney argued Wilson would have likely been experiencing more severe symptoms and delusions closer to the date of the stabbing than in the following months when he would have spent consecutive months in a forensic psychiatric unit, receiving proper medicine and care.

During his initial assessment, Wilson told psychiatrists he believed he was going to be murdered by a hitman from Montreal, Barbeau and others were jamming his telephone lines and that Barbeau had a master key and would break into his apartment.

McCartney also asked Pearce about an incident that happened 11 days before the stabbing, where Wilson attacked his nephew.

He asserted the assault was driven by delusions, with Wilson believing his nephew and a biker gang were going to kill him.

He also argued the attack, which happened from behind on an unsuspecting victim, was similar to the stabbing of Barbeau.
Wilson was not charged in that incident.

Earlier this week the court heard from the last two people to see Barbeau before the stabbing, as well as a city police detective who conducted a 90-minute interview with Wilson nearly 24 hours following the incident.

The defence is scheduled to begin presenting their case Thursday morning.


 




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