Psychiatric report under publication ban
De Grood is on medication, lawyer says
The public may not know until trial whether medical experts have determined that accused killer Matthew de Grood could be deemed not criminally responsible for the stabbing deaths of five young people at a University of Calgary year-end party last spring.
Provincial court Judge Joanne Durant issued an interim publication ban on reports by two psychiatrists and a psychologist that were delivered to the court, Crown prosecutor Neil Wiberg and defence lawyer Allan Fay early Friday morning.
Wiberg said he was seeking the ban because the case will ultimately be heard by a jury and the expert opinions are, at this stage, only witness evidence, and there is concern that a jury pool could be tainted if the opinion was released.
“In terms of fairness … if evidence is released in advance, it is perhaps evidence that may or may not be before the courts (at trial) and that prejudices the accused’s right to a fair trial,” Wiberg said outside court. “These are statements that provide opinions. It is a recommendation, it is an opinion.”
De Grood, 22, who appeared by closed-circuit television from Calgary Remand Centre, rocked side to side during the four separate hearings delayed to seek case law on such an application. He only spoke each time court was called to order, saying “yes, I can,” when the judge asked him if he could see and hear her and the lawyers.
His father — longtime city police officer Doug de Grood — and mother sat in the front row of the courtroom with friends.
“It’s difficult for them,” said Fay. “Obviously, they are very aware of the scrutiny that’s on them, but they feel it’s important to continue to show that they not only support their son, but their sympathy and compassion for the victims here in this matter.”
Several family members and friends of the victims sat in the courtroom during the short segments that spread over two hours.
“They are obviously distraught,” said Wiberg. “Five outstanding young people were murdered in
These are statements that provide opinions CROWN PROSECUTOR NEIL WIBERG
this case, so obviously they are distraught. We’ve had meetings with family face to face, explaining the process. Police have also contacted them on other occasions, so they know what happens in court.”
Durant adjourned the case to Oct. 7 to speak to the publication ban and whether it becomes indefinite.
De Grood faces five counts of firstdegree murder in connection with the bloody incident at a Brentwood home on April 15. He is charged with the deaths of Lawrence Hong, 27, Josh Hunter, 23, Kaitlin Perras, 23, Zackariah Rathwell, 21, and Jordan Segura, 22, as they celebrated the final day of classes at the University of Calgary.
It is the worst mass murder in Calgary history.
While Fay welcomes the preliminary hearing set to begin March 2, he said he does not expect a trial until 2016 or even later, because of the growing backlog at Court of Queen’s Bench.
“I always want a preliminary inquiry because you get a feel for how the evidence comes out in court,” said Fay. “How it comes out in court is incredibly different from how it appears on paper. So the preliminary hearing is invaluable.”
De Grood had been held at Alberta Hospital in Edmonton during the assessment period, then was moved back to the Southern Alberta Forensic Psychiatric Centre, but Fay said he will likely now remain at the remand centre as he is no longer under the Mental Health Act. Fay said his client is on medication, which has stabilized him, but he did not say what drugs he is taking.
The issue of criminal responsibility will not be part of the preliminary hearing, to be held at provincial court, but will arise at trial before a judge and jury.
A pre-preliminary hearing is slated for Oct. 16.