Crown prosecutor suggests defence witness ignoring evidence Bain not mentally ill

MONTREAL — Maintaining a theory that Richard Henry Bain was psychotic the night he allegedly shot and killed a man on Quebec election night in 2012 ignores critical evidence indicating he was not mentally ill, the Crown told his first-degree murder trial.

Crown prosecutor Dennis Galiatsatos asked the defence’s expert witness on Tuesday whether she had “tunnel vision” after her first encounters with the accused in 2012, “tainting” her final psychiatric report on Bain’s mental state completed this year.

Forensic psychiatrist Marie-Frederique Allard met Bain twice after his arrest and concluded he was psychotic the night he allegedly started shooting outside an election rally for the Parti Quebecois on Sept. 4, 2012.

“Is it possible that your (two meetings in 2012) created a tunnel vision and your report was tainted by your initial impressions?” he asked Allard during his cross-examination.

Allard disagreed and explained that while she thought Bain was “clearly psychotic” in her initial meetings with him, she took into account other evidence and read other psychiatric evaluations that suspected mental illness.

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Bain, 65, has pleaded not guilty to one count of first-degree murder, three counts of attempted murder and two arson-related charges in connection with the 2012 shooting outside the Metropolis nightclub in Montreal where PQ supporters were gathered.

Allard had testified that Bain told her he received a vision from God to kill in order to promote the idea that Montreal should separate from Quebec and stay within Canada.

The accused allegedly parked his vehicle outside the election venue and emerged with a semi-automatic rifle in his hand and a 9mm pistol in his pocket and fired one bullet before his rifle jammed.

Allard said Bain told her God had jammed his rifle, indicating his mission was over.

She had also hypothesized that Bain didn’t try to reload his gun because he genuinely thought God wanted him to stop.

Galiatsatos brought up an interview in Nov. 2012 between Allard and Bain when the accused wrote in a letter that he wanted to continue shooting and then set fire to the venue in order to kill as many separatists as possible.

The Crown also asked Allard about a police officer who testified Bain pulled out his pistol and tried shooting at him after the rifle jammed.

“Wouldn’t your hypothesis force us to ignore the letter and the officer who said Bain shot at him?” Galiatsatos asked.

Allard said Bain’s 2012 response came at a time when she felt he was still psychotic and so she didn’t give much weight to the answer in her final report.

The Crown also brought up her earlier testimony that Bain had not wanted to run back to his car to retrieve more weapons because God wanted him to end his mission.

“Wouldn’t such a hypothesis force us to ignore evidence that Bain was running back to his vehicle when the police arrested him?” the Crown asked.

Allard said Bain could have been running to his car to escape police.

Galiatsatos suggested to Allard that Bain made several “sophisticated decisions” on Sept. 4, 2012, which cast doubt on claims he was psychotic.

Bain asked for directions to the Metropolis, chose the right weapons, loaded them properly and removed the license plate from his car, Galiatsatos said.

“Aren’t those actions that involve a high degree of mental acuity?” the Crown asked.

Psychotic people don’t necessarily lose the ability to be organized and Bain’s actions “are not incompatible” with someone experiencing an episode of psychosis, Allard said.

Giuseppe Valiante, The Canadian Press