Defence says driver in fatal Shuswap hit and run was not criminally responsible

Although Swann did admit to the offence today (Jan. 21), defence lawyer Ken Walker says his client is not criminally responsible by reason of mental disorder (NCRMD).

“This is an unusual arraignment hearing,” Crown prosecutor Neil Flanagan told the court.

Because Swann admits to the offence, the issue at hand is whether or not a mental disorder led to Swann being incapable of distinguishing between right and wrong at the time of the crash, or the disorder led to his actions.

Flanagan explained to the court that even if Swann is medically proven to have had a mental disorder at the time of the offence, it must be put through a legal test to determine what level of responsibility can be attributed to the disorder.

He added that “self-induced psychosis”, including drug and alcohol use, do not meet the threshold for an NCRMD defence.

The trial is expected to last through the week. Police officers, psychiatrists, Swann himself and his partner are all expected to testify. Audio and video recordings — including Swann’s interactions with police officers after the offence — are expected to be played.

During the day on April 3, 2016, Swann and his common-law partner had left their home in the Sorrento area in separate cars and headed to a friend’s house. Flanagan said the couple then went for breakfast before returning to the home, and everything — including Swann’s behaviour — appeared to be normal.

Flanagan said he expects Swann’s partner to testify how Swann was driving after leaving the friend’s home for a final time.

As she was following him, Flanagan said Swann was driving in a “shocking” manner before the collision. Swann allegedly ran Watson over from behind, his truck colliding with Watson’s motorcycle.

After the crash Swann went to a friend’s home and eventually called police, roughly an hour and a half after the collision. Officers attended and took Swann to the Chase RCMP detachment where they interviewed him.

Swann gave a statement to officers and was then brought to Royal Inland Hospital to be assessed.

But Flanagan claims at one point after giving his statement, Swann made a comment that the collision had been intentional and officers decided to charge him with criminal negligence causing death.

Walker says this utterance came from psychosis.

Swann wasn’t released until the following day, and after that he went back to the hospital where he was admitted into the psychiatric ward for a few days.

Walker told the court Swann has limited ability to testify and has poor recollection of all of the events. He added that Swann has virtually no recollection of the collision itself.

by Ashley Legassic

Defence says driver in fatal Shuswap hit and run was not criminally responsible

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