Close X
Sunday, November 24, 2024
ADVT 
National

Minassian's psychiatrist interview videos sealed

Darpan News Desk The Canadian Press, 20 Nov, 2020 09:54 PM
  • Minassian's psychiatrist interview videos sealed

The judge overseeing the van attack trial has granted a request to seal all recordings of interviews the accused had with an American psychiatrist who had warned the videos could incite more violence if made public.

While the audio and video of Alek Minassian's interviews with Dr. Alexander Westphal will not be released publicly, Justice Anne Molloy has allowed journalists to view the recordings when they're presented in court.

Westphal had said he would not testify if the judge refused to seal the recordings of his interviews with Minassian, who has pleaded not guilty to 10 counts of first-degree murder and 16 counts of attempted murder.

Molloy says she wasn't happy to give into the demands of the American doctor, but notes that without his testimony Minassian would not get a fair trial.

A group of media organizations including The Canadian Press fought the application, arguing courts are inherently open and proceedings should not be held in secret.

The defence argues Minassian should be found not criminally responsible for his actions on April 23, 2018, due to autism spectrum disorder.

Minassian's state of mind will be the sole issue at trial.

His lawyer, Boris Bytensky, told court that Westphal will be the only expert to testify that Minassian is not criminally responsible for his actions that day.

Molloy, who is presiding over the case without a jury, said what complicated matters is that Westphal is an American and she has no way to compel him to testify in a Canadian court.

The federal government could intervene but Molloy said a cross-border process could take years.

"If he was here, there would be no problem. I would not for a moment tolerate it," the judge said. "That doctor would be under arrest before he could blink."

The judge was left to choose between Minassian's rights to a fair trial versus the freedom of the press, which is enshrined in the Canadian Charter of Rights and Freedoms.

"Dr. Westphal has refused to participate knowing that there’s nothing I can about it if he does not, and knowing that he is all there is in terms of a defence for Mr. Minassian," Molloy said.

Bytensky told court his client was inspired by Elliot Rodger, an American who went on a rampage in Isla Vista, Calif., in May 2014, killing six people and injuring 14 others before killing himself.

Rodger's "manifesto" and his video before the murders focused on his hatred towards women and has found an audience in the bowels of the internet where he is treated as the forefather of so-called "incels," men who are involuntarily celibate.

Bytensky told court he wanted the videos sealed because it would give in to Minassian's desire for notoriety. He said his client was heavily influenced and inspired by Rodger's "manifesto" and video.

The lawyer also said every single expert will testify at trial that Minassian was inspired to kill people, in part, for notoriety.

Allowing the videos to be released to the public would give Minassian exactly what he wants, argued Bytensky.

MORE National ARTICLES

Case of man accused of threatening PM held over

Case of man accused of threatening PM held over
Hurren is accused of roaming while heavily armed near the Rideau Hall residences of Prime Minister Justin Trudeau and the Governor General this summer.

Case of man accused of threatening PM held over

Abbotsford police issue warning about toxic drugs

Abbotsford police issue warning about toxic drugs
The department says in a statement the drugs on the street are much more potent and the opioid crisis has worsened in the city.

Abbotsford police issue warning about toxic drugs

Trudeau affirms faith in U.S. democracy

Trudeau affirms faith in U.S. democracy
Trudeau refused to be directly drawn in to responding to President Donald Trump's complaints — without evidence — that the counting of ballots in the U.S. election is corrupt.

Trudeau affirms faith in U.S. democracy

COVID vaccine distribution faces big hurdles: PM

COVID vaccine distribution faces big hurdles: PM
Trudeau says he hopes a viable vaccine will be available to Canadians in the spring but notes some of theinitial doseswill require special handling that could complicate distribution efforts.

COVID vaccine distribution faces big hurdles: PM

Fire forces residents from downtown Victoria hotel

Fire forces residents from downtown Victoria hotel
Victoria police say a man called officers to a suite in the Capital CityCenter Hotel Thursday night, saying he was armed and capable of harming himself.

Fire forces residents from downtown Victoria hotel

Advice spurned to boost police at casinos: inquiry

Advice spurned to boost police at casinos: inquiry
Fred Pinnock, who was in charge of the now-defunct illegal gaming enforcement team, testified that he felt the RCMP needed to have an increased police presence in casinos and racetracks, but the suggestion wasn't "warmly received."

Advice spurned to boost police at casinos: inquiry