Assault trial ruling a farce

Dear editor, I read with interest the article which appeared in Sept. 8 edition of the Penticton Herald and would like to share my thoughts on the case.

Yes, Mr. Nield was suffering from mental illness at the time of the attack. Yes, on admission he was suffering from acute physical pain from migraine headaches. And probably self-medicating with magic mushrooms was not the best solution.

However when you look at the fact that he was a decorated jiu-jitsu fighter, there should have been another medical person sitting in on the interview when the incident occured, if only as a witness.

I cannot believe the judge noted that “from the earliest days of the English history, those originally termed lunatics -- now more euphemistically referred to as persons suffering from mental disorder — were treated as a special case deserving special care and consideration by the Crown.”

Our justice system is sadly behind the times without judges quoting English history as an excuse for a person's actions against someone that is trying to help them recover from a medical condition, which mental illness is.

This was a brutal attack on the doctor; his life may never be the same. And for Mr. Nield to get a mere 50 hours of community work is a farce! Oh yes, and no contact with his victim, plus abstain from illicit drugs and alcohol.

What about magic mushrooms; is that considered an illicit drug or a herbal medicine? Why wasn't the accused charged with attempted murder? And to make matters worse both parties are involved in a lawsuit against each other and the Interior Health Authority.

If this case had been dealt with fairly and properly the first time with a sentence of up to four years as the Crown recommended, it would have saved both families more heartache as this will probably drag on for years.

Who pays for all this? The families and the taxpayers. But hey, it keeps judges, lawyers and the media in business! And why is this trial being moved to Kelowna?

This is just my opinion — agree or disagree?

Marilyn LaFortune Penticton