By Ashley Legassic

Shuswap man found not criminally responsible in fatal 2016 hit and run

Feb 1, 2019 | 11:09 AM

KAMLOOPS — A man who admitted to running over a motorcyclist in the Shuswap nearly three years ago will face no prison time.

Raymond Edward Swann, 58, pleaded not guilty to a charge of criminal negligence causing death last month, but did admit to the circumstances of the offence. Instead, he raised the defence of not criminally responsible by reason of mental disorder (NCRMD).

A week-long trial was held to determine if Swann was rendered incapacitated at the time of the crash, which killed 60-year-old Brian Watson, due to a mental disorder.

Today, Kamloops Supreme Court Justice Dev Dley delivered his verdict, finding Swann was suffering from a mental disorder at the time, which had a massive impact on his actions that day.

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“Mr. Swann has admitted to the offence of criminal negligence causing death,” Dley said. “The burden is on Mr. Swann to prove he was suffering from a mental disorder.”

Despite evidence during trial that Swann had stopped taking methadone in the weeks leading up to the crash, that he had smoked two marijuana joints the day of the crash, and that he had sleeping problems in the weeks prior, Dley relied on a psychiatrist’s report that Swann had displayed signs of an impairitive mental disorder.

Dley pointed to Swann’s wife’s testimony, during which she said Swann had been driving erratically the morning of April 3, 2016.

She told the court that she tried following Swann but ended up losing sight of him. She couldn’t keep up with his driving.

While she was trying to track him down, she came across a motorcycle and its rider which appeared to have been hit. Dley said this left her with a sick feeling that Swann may have been involved.

When she did catch up to Swann, she told him that he had hit someone.

Some time later, Swann called police, asking for them to arrest him and telling them he had hit someone. He said he had went nuts, lost his mind and didn’t remember anything other than a thump, followed by a flash of black and red.

Watson’s wife Ila says her husband was wearing a black jacket and driving his red motorcycle when he was hit.

“I find Mr. Swann committed the offence, but because of a mental disorder he is not criminally responsible,” Dley said.

The case will go over to next week, when discussions of next steps will take place.

A finding of NCRMD means an accused is diverted to a provincial or territorial Review Board. The tribunal’s goal is to conduct an individual assessment of the accused, and craft a disposition that protects the public and provides opportunities to treat the underlying mental disorder.