Thursday, March 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

B.C. premier wants national COVID-19 travel policy

B.C. premier wants national COVID-19 travel policy
Horgan says he wants to see the same travel rules for Canadians regardless of where they live in the country.

B.C. premier wants national COVID-19 travel policy

Boeing Max to remain grounded in Canada: Garneau

Boeing Max to remain grounded in Canada: Garneau
Federal Transport Minister Marc Garneau said Wednesday that Canada will impose different requirements than the U.S. before it lifts the grounding orders for the plane, including additional procedures on the flight deck and pre-flight and differences in training for flight operators.

Boeing Max to remain grounded in Canada: Garneau

Canada to get 1st vaccines in January: Elliott

Canada to get 1st vaccines in January: Elliott
Christine Elliott said the country is set to get four million doses of the Pfizer vaccine between January and March as well as two million doses of Moderna’s vaccine.

Canada to get 1st vaccines in January: Elliott

No time to drop spending guardrails: former PBO

No time to drop spending guardrails: former PBO
Kevin Page makes the argument in a paper publicly released Wednesday that the government should move away from spending to stimulate the economy as conditions improve following the shock of COVID-19.

No time to drop spending guardrails: former PBO

Vancouver council set to vote on decriminalization

Vancouver council set to vote on decriminalization
Dr. Patricia Daly, chief medical health officer for Vancouver Coastal Health, says the COVID-19 pandemic has worsened the crisis, disrupting and intensifying the toxicity in the supply of illicit drugs and interrupting harm reduction and treatment services.

Vancouver council set to vote on decriminalization

Canada, U.S. border closed 30 more days: source

Canada, U.S. border closed 30 more days: source
Visits such as vacations, day trips and cross-border shopping excursions have been forbidden since March in an effort to limit the spread of the novel coronavirus.

Canada, U.S. border closed 30 more days: source