Man accused of trying to kill girlfriend had mental disorders, lawyer argues

A Victoria man accused of trying to murder his girlfriend three years ago was suffering from several mental disorders at the time of the alleged offences, B.C. Supreme Court heard Friday.

However, a court-ordered assessment of Mathew Legare’s mental condition during the weekend of Aug. 11 to 13, 2018, when he allegedly beat, choked and threatened to kill his former fiancée, did not find him exempt from criminally responsibility by reason of a mental disorder.

The 29-year-old roofer has pleaded not guilty to attempted murder, aggravated assault and uttering threats to his former girlfriend.

Court heard she was treated in hospital for a shattered orbital bone, a cigarette burn on the side of her face, a split right eardrum, a broken nose and bruised ribs. She has a metal plate in her face to support her eye, which was sinking into the back of her head.

Justice Douglas Thompson ordered the assessment in February after Legare testified that he had suffered from mentalhealth problems since childhood. Legare said he had been treated at the Eric Martin Pavilion, a mental-health facility at Royal Jubilee Hospital. The court also heard that Legare has been diagnosed with fetal alcohol effects and was diagnosed with attention deficit hyperactivity disorder at the age of four. He also suffered a head injury.

On Friday, defence lawyer Michael Munro reminded the court that in her evidence, Legare’s former girlfriend said he was “crying” and “all over the place” when he had a belt around her neck. She testified that he was having a mental breakdown and was pacing around the room, distraught. He grabbed sleeping pills, said he would kill himself and took the entire bottle.

“There seems to be a great deal of evidence, Mr. Legare was suffering from several mental illnesses at the time of his alleged offences,” said Munro, citing the forensic report.

Legare was also intoxicated with several substances, including crystal meth, and might have been suffering from substance abuse psychosis, the report found. That raises a reasonable doubt that Legare had the capacity to form a specific intent to kill her, said Munro.

The memory of Legare’s former girlfriend might be equally skewed by her heavy drug use throughout the weekend. Most significantly, in her first police interview, she didn’t mention that Legare tried to strangle her with the belt, Munro said.

Crown prosecutor Paul Pearson said Legare had the capacity to form the intent to kill his former girlfriend and intended to kill her.

The complainant was credible and her evidence was corroborated by other witnesses, he said.

“There was real and violent trauma inflicted on her and that might have been why she initially omitted telling police about the strangulation,” he said.

Legare’s mother said he was acting fairly normally that weekend, noted Pearson, who described Legare’s lack of memory about what happened as a lack of credibility.

This was humiliating and purposeful violence, said Pearson. It progressed from hair-pulling to a cigarette burn on the girlfriend’s face, to cutting her hair and threatening to put her through a wood chipper. It ended with a brutal beating and strangulation. Use of the belt is an escalation of that violence, he said.

A date for judgment is expected to be scheduled on Sept. 15.