Crown presents final evidence at Thomas Chan murder trial
Dr. Philip Klassen can’t say with certainly that Thomas Chan is not criminally responsible for his actions.
Chan, 21, is accused of seconddegree murder in the stabbing death of his father, gastroenterologist Dr. Andrew Chan, and attempted murder in the stabbing of Dr. Chan’s partner, Lynn Witteveen, at Dr. Chan’s Haggis Drive home on Dec. 28, 2015. He has pleaded not guilty.
Since his arrest, Chan has maintained that his concussions and ingestion of magic mushrooms led to the brutal stabbing of his father and Witteveen.
Klassen, vice-president of medical affairs at the Ontario Shores Centre for the Mental Health Sciences, performed a court-ordered psychiatric assessment of Chan.
He was called to the stand Thursday in Superior Court of Justice in Peterborough to give reply evidence to the defence’s final witnesses, Dr. Gary Chaimowitz.
Chaimowitz felt Chan met the criteria for not criminally responsible on the account of a mental disorder, but Klassen didn’t feel Chan was suffering from a primary psychotic disorder at the time of the stabbing. It was of the doctor’s opinion that Chan may have had post-concussion disorder but there was no evidence of psychosis.
“I don’t think that Mr. Chan suffered from any other disorders, period,” Klassen testified.
It was the opinion of the defence’s witnesses that Chan was suffering from a substance-induced psychosis linked to his neurocognitive disorder which was caused by the multiple concussions the former rugby star suffered as a teen.
Klassen testified that Chan was experiencing hallucinogenic intoxication, stating the magic mushrooms were the principal driver of his rather obvious, psychotic symptoms at the material time.
“In his world, at that moment, these action would have made sense,” Klassen said, adding there would have been a moral rationale.
While Chaimowitz gave evidence that it was “likely,” the traumatic brain injury made Chan more susceptible to the magic mushrooms, Klassen would only say it was “possible,” because there’s little hard evidence in the way of studies.
“I really can’t say for sure,” Klassen testified.
The defence argued that everything is unprecedented until it happens for the first time.
“It is hard to disagree with that,” Klassen replied.
Klassen agreed with Chaimowitz that Chan’s brain could be more vulnerable but it’s difficult to measure because it’s unknown how much magic mushrooms he ingested. At significant dose, no underlying vulnerability would necessary to produce the symptoms described or reported, Klassen said in his report.
“They would be psychotic,” Klassen said on the stand.
Justice Cary Boswell will hear closing submissions from the defence and Crown starting Thursday.