Violent offender remanded to psych facility
Hamza Benkirane, 28, was suffering from paranoid delusions when he menaced his landlords with a knife, freaked out at a Fredericton motel and store, judge ruled
A Fredericton man found to be exempt from criminal responsibility for numerous crimes but who denied committing them was found Thursday to have perpetrated the acts without appreciating what he was doing.
Hamza Benkirane, 28, of no fixed address, has been in custody since his arrest in May 2022 after a long string of crimes - many of them violent - in Fredericton and surrounding communities.
He was sent for a psychiatric assessment at the Restigouche Hospital Centre in Campbellton earlier this year to determine if he might be not criminally responsible for his actions due to a mental disorder at the time of the offences.
During a hearing in Fredericton provincial court Feb. 13, it was revealed the psychiatric examination determined Benkirane, who’s been diagnosed with paranoid schizophrenia, was most likely suffering from delusions that kept him from fully appreciating that what he was doing was wrong.
At that time, Benkirane, who was representing himself, accepted that finding, but he denied ever committing the acts in question.
Before a judge can accept that someone is not criminally responsible, it must first be established beyond a reasonable doubt that they in fact performed the criminal acts in question.
A trial had previously been held in September before provincial court Judge Kenneth Oliver with regard to three of the incidents in which Benkirane was implicated. However, Oliver was suspended from the bench in early September.
Rather than restart the trial process, Judge Natalie LeBlanc reviewed the transcripts of those trials, but solely with an eye on the issue of whether the defendant committed the acts, not if he had the intent.
LeBlanc rendered her decision on those matters Thursday.
‘I’ll show you blood’
The first incident for which Benkirane was charged occurred at a rental property in New Zion, near Minto, where the defendant had been renting a room from Chandar and Anu Bhardwaj.
LeBlanc said the evidence showed that on Feb. 2, 2022, Benkirane was irate and threatened the Bhardwajs and Jamie Cunningham, their handyman, who was on hand at the property to do some work.
The victims testified Benkirane was yelling and irate, threatening to kill them while brandishing a knife.
Cunningham testified the accused told him, “Let me take you to my room and I’ll show you blood.”
The judge noted Benkirane told Anu Bhardwaj he’d get her, stating, “I will kill you, this is the knife,” and she described the weapon as having a blade that was eight to nine inches long.
Benkirane similarly threatened Chandar Bhardwaj, stating he’d get his brothers to come and help him kill him, court heard.
Benkirane kept going into and emerging from his room, LeBlanc said, and eventually, the Bhardwajs and Cunningham kept him inside the room as they waited for the RCMP to arrive on scene.
The defendant also testified at trial in his own defence, and he said it was Anu Bhardwaj who initially threatened him. He said he’d just moved from Dieppe to the Minto area, and was paying $750 per month for a bachelor unit.
Other outbursts caught on video
Benkirane next came to police attention, the judge said, March 8, 2022, at the Days Inn in Fredericton.
LeBlanc said Benkirane was renting a room at the motel then, at at about 6:30 a.m., he exhibited angry and violent behaviour again, this time at Mostafa Elmahdy, who was the manager on duty at the time.
Court heard Benkirane was ranting and at one point charged at Elmahdy in an aggressive and assaultive manner, all of which was confirmed on video.
Similarly, an incident at the Dairy Shoppes on Forest Hill Road was caught on security video as well.
The judge noted that Darrin Poultin, assistant manager of the convenience store, took note of an individual - later identified as Benkirane - in the business April 13, 2022, because he kept entering, looking around for a few minutes and then leaving without purchasing anything.
Benkirane had a shopping bag with him, LeBlanc said, and Poulton asked if he could look inside of it. It turned out the defendant had placed a can of Rockstar energy drink in the bag without paying for it, court heard, and Poulton accused him of stealing it.
The accused started yelling in Arabic, the judge said, and he spat at Poulton, constituting an assault. As he exited the store, Benkirane kicked the door, breaking it.
Benkirane testified at trial that Poulton had assaulted him and demanded that the Fredericton police officer who responded to the scene should investigate. He also initially told the officer he had not been inside the store, even though security footage showed he had been and confirmed what Poulton had reported.
The defendant was charged with theft, assault and mischief causing damage to property as a result.
LeBlanc said the evidence clearly shows Benkirane committed all of the acts in question, which left the issue of intent, which brought the psychiatric assessment into play.
That assessment found that on a balance of probabilities, the defendant was exempt from criminal responsibility.
“... Mr. Benkirane doesn’t appreciate the nature and quality of his actions,” the judge said.
Secure psychiatric hospital
As such, she said, she referred the matter to the New Brunswick review board for disposition, and she remanded him to Restigouche, which is a secure psychiatric facility in northern New Brunswick.
Benkirane has been held at that hospital for much of his time on remand.
The review board is a provincial body mandated under the Criminal Code of Canada to handle the cases of defendants deemed unfit to stand trial and offenders found not criminally responsible for their crimes.
In the case of the latter, the board is to hold an initial review hearing within 45 days to determine if he can be released with or without conditions, or if he should continue to be held at Restigouche for continued treatment.
Benkirane, who was much calmer and focused during Thursday’s court proceedings, appeared satisfied with the judge’s decision, and he appeared confident he’d be released soon.
“I got back to my norm,” he said, noting he was feeling much better and has been taking his medications.
“I’ve been on treatments for the last four months … I think those thoughts have faded a bit, I should say, all the way.”
Benkirane was facing numerous other counts, but Crown prosecutor Rodney Jordan withdrew those charges, given the ruling on criminal responsibility. Those charges were:
- break-and-enters at a Bowlen Street apartment building April 15, 2022; an Argyle Street apartment building April 20, 2022; and a university residence on Forest Hill Road on April 27;
- theft at Scholtens on Riverside Drive on April 18, 2022;
- break-and-enter into Scott’s Nursery in Lincoln on April 22, May 2 and May 3, 2022;
- and theft at the Lincoln Road Irving, trespass there and a threat to cause death or bodily harm to Matthew McGarvie, all on May 4, 2022.
Don MacPherson can be contacted at ftonindependent@gmail.com.