Close X
Thursday, November 28, 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

Vancouver Police investigates hit and run as pedestrian clings to life

Vancouver Police investigates hit and run as pedestrian clings to life
The pedestrian, a 47-year-old man from Vancouver, was taken to hospital with serious, life-threatening injuries.

Vancouver Police investigates hit and run as pedestrian clings to life

Border officer says Meng had choice to share codes

Border officer says Meng had choice to share codes
The B.C. Supreme Court is hearing evidence this week that Meng's defence team hopes will bolster an argument they will make next year during extradition proceedings that she was subject to an abuse of process.

Border officer says Meng had choice to share codes

WATCH: Canada To Welcome Over 1 Million New Immigrants in 3 years

WATCH: Canada To Welcome Over 1 Million New Immigrants in 3 years
 Between 2021 and 2023, the goal is to admit upwards of 1.2 million new permanent residents.

WATCH: Canada To Welcome Over 1 Million New Immigrants in 3 years

Canadians need to cut contacts by a quarter: Tam

Canadians need to cut contacts by a quarter: Tam
The modelling indicates that at current rates of in-person socializing, Canada could see COVID-19 case counts increase to8,000 per day come early December.

Canadians need to cut contacts by a quarter: Tam

Scientists ID markers in blood for severe COVID-19

Scientists ID markers in blood for severe COVID-19
The study, which has been published online and is currently in the final stages of peer review for the journal Critical Care, concludes that the presence of the virus's RNA in blood is "associated to critical illness."

Scientists ID markers in blood for severe COVID-19

Tories raised $5.6 million in third quarter

Tories raised $5.6 million in third quarter
The donations coincided with the final two months of the party's leadership race, and do not include money raised by the candidates.

Tories raised $5.6 million in third quarter