Montreal Gazette

Bain hearing: More confusion, another delay

- SUE MONTGOMERY GAZETTE JUSTICE REPORTER smontgomer­y@ montrealga­zette.com Twitter: @Montgomery­sue

A hearing to determine whether Richard Bain is fit to stand trial on charges stemming from Quebec’s electionni­ght shooting was put off for a fourth time Monday after the defence demanded to see additional psychiatri­c reports.

Psychiatri­st Chantal Bouchard began her testimony by saying she based her evaluation of Bain on notes from two colleagues — one at the Rivières-des-Prairies detention centre where Bain is being held, and one at the Philippe Pinel Institute.

Bain refused to let her have access to his medical file, she said.

Defence lawyer Elfriede Duclervil insisted she be given the notes Bouchard used and asked for time to read them.

Crown prosecutor Éliane Perreault suggested they take a break in the proceeding­s to allow Duclervil to look over the reports, rather than postpone to another day. Bain disagreed, saying if the notes from the psychiatri­sts were in French, he wanted them translated into English.

Handcuffed in the prisoner’s box and clutching sheets of paper, Bain told his lawyer he never spoke to Bouchard — a claim he has repeatedly made in past hearings. He says he refused to speak to her because she’s francophon­e.

Quebec Court Judge Jean- Paul Braun, who described himself as a “speedy JP,” decided to postpone the hearing by a week to Monday at 2 p.m.

“I’ll squeeze you in,” said Braun, who has refused to let Duclervil drop the case even though Bain doesn’t qualify for legal aid. The judge has said the defence lawyer must stay on at least for now.

“I know you’re a Christian,” Bain told the judge Monday.

Bain’s first hearing in December was delayed because he had refused to talk to a French-speaking psychiatri­st. Then, this month, the hearing was put off again because the psychiatri­c report hadn’t been translated into English.

The 62-year-old, who was arrested Sept. 4 outside the Métropolis where premierele­ct Pauline Marois was giving a victory speech, faces 16 charges, including firstdegre­e murder, arson and weapons-related charges. Denis Blanchette, a sound technician working at the night club, was shot dead and David Courage was wounded. Bain is alleged to have threatened to kill two others as well as having tried to set the Métropolis on fire.

As he was led out of the prisoner’s box Monday afternoon, Bain yelled, “La nation du Québec! Ha, give me a break!”

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