Crown counsel and defence in the criminal case regarding a double homicide in Lund last June are proceeding with a “not criminally responsible due to mental disorder” agreement for the accused, according to the victims’ mothers.
Jason Timothy Foulds of Powell River is accused in the fatal shootings of Braxton Leask and Dylan Buckle, and the attempted murder of Zane Hernandez, on June 17, 2017.
“At this point the prosecution and defence have reviewed the psychiatric evaluation and they're proceeding with ‘not criminally responsible due to mental disorder,’” according to Leask’s mother Nichelle Guignard.
Guignard said information on the agreement between the crown and defence was relayed to her through Powell River RCMP Victim Services, which has acted as a liaison with the prosecutor’s office.
Both the Leask and Buckle families said they have been told a psychiatric assessment of Foulds was conducted in January. In addition to a not criminally responsible agreement, the preliminary trial has been waived.
Buckle’s mother Terry said she has spoken directly with the crown counsel office and trusts that justice will be served.
“All I can do is hope the right decisions are being made,” she said.
Guignard said the “not criminally responsible due to mental disorder” defence is not the way to go in this case.
“This is getting swept under the rug,” said Guignard, who has started a petition calling for the accused to stand trial by judge and jury. “I want the boys to have a fair trial. They were innocent victims.”
A preliminary inquiry was set for May 4 at Powell River Law Courts, but Foulds' next appearance has been moved up to February 27.
“We anticipate that the preliminary inquiry will be waived and that there will be a consent committal to stand trial,” said BC Prosecution Service communications counsel Dan McLaughlin. “Following that a trial date will be fixed in Powell River Supreme Court.”
Families of the victims have asked for and been granted a second opinion by another prosecutor, according to Terry.
“Unfortunately, this report likely will not be ready until after the February 27 court date,” she said.
According to criminal defence expert and attorney Don Macleod, if the crown and defence have reached an agreement that it is not a criminally responsible situation then the parties will also likely agree to a consent committal.
In a consent committal, both parties have acknowledged the minimal threshold test has been met to justify the provincial court judge in ordering the case proceed to trial in Supreme Court.
“When you see a consent committal, that often signals there has been an agreement reached with regard to, if not the ultimate outcome, certainly some important aspects of the conduct of the balance of the proceeding,” said Macleod.
Counsel for the accused in the case is defence lawyer Paul McMurray. Prosecutor David Fitzsimmons represents the crown.
If the case follows precedent, Supreme Court proceedings will see the parties stipulate to an agreement of not criminally responsible. The psychiatric evaluation, other evidence, experts and exhibits will be presented to the judge to make a decision.
