Defendant found not criminally responsible still demands trial
Hamza Benkirane, 28, has been in custody since May and sought to be remanded to a psychiatric hospital for continued treatment
A Fredericton man assessed as not criminally responsible for his alleged offences refused to admit he committed the acts in question and insisted the court schedule his matters for trial.
Hamza Benkirane, 28, of no fixed address, faces a long list of varied criminal charges, all alleged to have occurred between February and May 2022.
They include break-ins, threats, assaults and shoplifting offences.
Benkirane was back in Fredericton provincial court Monday for a hearing about his mental state.
The court had previously remanded him to the Restigouche Hospital Centre, a secure psychiatric hospital in Campbellton, for an assessment to determine if he was suffering from a mental disorder at the time of his alleged crimes that would exempt him from criminal responsibility.
At the outset of the hearing, Benkirane told Judge Mary Jane Richards he didn’t want the services of duty counsel Gerald Pugh.
“I will be representing myself,” he told the court, standing in the prisoner’s dock, clad in orange jail-issued sweats.
The Restigouche psychiatrist’s report indicated the defendant should be deemed not criminally responsible. Prosecutor Rodney Jordan said the Crown accepted that finding, as did Benkirane.
There was just one problem: Benkirane still wants his trials.
Before a court can deem someone not criminally responsible due to mental illness, it must first establish that the defendant committed the acts in question while not having the specific intent to do so.
Benkirane continued to deny he committed the crimes.
“I didn’t do the acts,” he said, while also asserting he was not criminally responsible.
Richards told him if he didn’t admit he was the person who committed the alleged offences, trials would have to be held to determine if he did.
“It’s up to the Crown to prove the actions occurred,” the judge said.
“There’s no proof,” Benkirane said.
However, she added, he would have to remain in custody until that happens.
Benkirane asked if he’d be held at Restigouche or in provincial jail, noting he needed to return to the psychiatric hospital to continue treatment.
Richards said where he’ll be held is up to the psychiatric professionals.
“Restigouche will decide if they will do more treatment with you,” she said.
Trials will need to be held soon, Richards said, noting Benkirane has been remanded since his bail hearing May 9.
“You’ve been in custody a long time,” she said.
The judge set the case over to March 23 - at Benkirane’s insistence, so he could continue with treatment in Restigouche - to set trial dates.
The following are the charges Benkirane is facing:
- uttering threats to cause death or bodily harm to Anu Bhardwaj, Chandar Bhardwaj and Jamie Cunningham in New Zion on Feb. 2, 2022;
- assaulting Mostafa Elmahdy in Fredericton on March 8;
- assaulting Darrin Poultin, damaging a door at the Dairy Shoppes on Forest Hill Road and stealing merchandise from the business, all on April 13;
- breaking into a Bowlen Street apartment building April 15, an Argyle Street apartment building April 20; and a university residence on Forest Hill Road on April 27;
- shoplifting at Scholtens on Riverside Drive on April 18.
- breaking into Scott’s Nursery in Lincoln on April 22, May 2 and May 3;
- and shoplifting at the Lincoln Road Irving, trespassing there and threatening to cause death or bodily harm to Matthew McGarvie, all on May 4.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Very thorough reporting