Intent is question in assault case: defence

Jury expected to begin deliberations today in case of assault against doctor

There’s no doubt about who assaulted a doctor in the psychiatric ward at Penticton Regional Hospital, but whether the attack was justified is still a live issue, the jury deciding the case heard Wednesday.

Summerland man Gregory Stanley Nield, 31, is being tried this week in B.C. Supreme Court for the aggravated assault of Dr. Rajeev Sheoran on Dec. 5, 2014.

The psychiatrist suffered a broken jaw, facial injuries and brain damage as a result of the assault inside an interview room at PRH, and still hasn’t recovered enough to resume work full-time.

Nield’s lawyer opened his case Wednesday by suggesting two defences to the charge: His client was either too mentally ill to appreciate the consequences of his actions or was convinced he had to fight his way out of the hospital.

“We know that Dr. Sheoran came out of (the interview room) and he got beat up. There’s no issue about that. That’s not what this case was about. If that was it, there would be no point in having a trial,” said Stan Tessmer.

“What’s at issue is the other aspect of this case, and that’s whether my client intended — and whether it was a wrongful intention — to do what happened.”

Nield’s mother, Shirley, testified that her son, whom she described as an easygoing student of jiu-jitsu, seemed perfectly healthy for most of his life, except for occasional migraine headaches that left him temporarily incapacitated.

She said, however, that his behaviour changed suddenly in late November 2014, when he went through an apparent manic episode during which he rambled excitedly about a project he was working on to help his massage-therapy clients.

On Dec. 4, 2014, a week after he was involuntarily committed to the hospital, Nield called his parents to ask them to send a lawyer to spring him.

“He was quite frustrated and anxious about being in the hospital,” the mother said.

Later that evening, she and her husband met with Sheoran and their son, who told the doctor several times the medications were making his condition worse.

The mother said Sheoran refused to discuss the matter, telling her son: “Don’t worry. Just take it. You need more medication. You need to take it for longer.”

Later on in the meeting, she continued, “Greg had asked him something, and the statement the doctor said was: ‘You’re good at what you do. I’m good at what I do. You’re good at jiu-jitsu and I’m good at boxing.’”

She added that Sheoran raised his fists “and went towards Greg” when he said it, but her son seemed too spaced out to notice.

RCMP Const. Jarret Cottrell, who helped arrest Nield without incident after the attack, said he seemed dazed and confused then, too.

“He kept introducing himself. He kept saying, ‘Hi, I’m Greg.’ Back at cells he did the same thing, reintroduced himself to each of the members,” Cottrell testified.

Nield also asked to use Cottrell’s cellphone while he was being arrested, and responded to questions by humming.

“Not any sort of tune, but it was just a hum as his answer,” Cottrell said.

Tessmer wrapped up his case Wednesday. The jury is expected to receive instructions and begin deliberations today.