Bain to appear in court Monday after third delay in frustrating hearing
Published Friday, January 18, 2013 1:24PM EST
Last Updated Friday, January 18, 2013 5:10PM EST
MONTREAL—Accused election-night shooter and arsonist Richard Henry Bain will be back in court Monday to see if he’s fit to stand trial, the latest in a series of delays in the case.
Bain's mental health is still being evaluated by the courts, and on Friday the judge, lawyers and Bain discussed the latest English translation of a psychiatric assessment.
Bain is facing 16 charges including first-degree, attempted murder, arson and weapons violations for the election night shooting at Metropolis in Montreal.
Stagehand Denis Blanchette was killed and another worker, Dave Courage, was wounded during the shooting. While being arrested Bain yelled that Anglophones were rising up and made several other language-based calls to arms.
That report concludes that Bain is fit for trial, but with one misgiving, and that's why Bain's lawyer Elfriede Duclervil wanted to hear from the psychiatrist directly.
Despite a subpoena issued by the judge ordering the psychiatrist to appear in court post-haste, officials eventually discovered that the doctor was at home, ill. She is expected to be in good health by Monday, so the hearing will resume then.
The report says that Bain did not fully co-operate with the psychiatrist, which has already been noted in court previously. In fact Bain refused to talk at all with his first court-ordered psychiatrist because the doctor addressed him in French.
The report also notes that Bain will not discuss certain topics, as is his right, but is uncertain whether this is due to psychosis or stubbornness.
The normally talkative Bain was far more subdued on Friday, entering the courtroom with his usual "may God bless you," but otherwise remaining quiet.
During previous hearings, the accused has often made wild declarations from the witness stand such as calling for the public to start up a website to raise money for him.
Duclervil has tried unsuccessfully to be removed from the case in previous hearings.
A December 2012 decision by her office stated Bain did not qualify for legal aid and that Duclervil didn’t have a mandate to represent Bain. The judge has said her motion to withdraw from the case would be dealt with later.
Bain insists he doesn't have the money to afford his own lawyer.
—With files from The Canadian Press.
Richard Henry Bain arrives at court in Montreal on Thursday, Sept. 6, 2012. (Jacques Nadeau / Le Devoir)