A septuagenarian from Montreal accused in connection with a fire which cost the life of a person could never be tried for the crime with which he is accused, due to his alcoholism which would make him unfit to stand trial.
Few details of the cause have been revealed to the jury which will decide the fate of Oscar Nelson Gonzales, 72 years old. Even the accusations against him are hidden.
“He remembers that there was a fire and the death of a person, but he does not say he is accused of anything,” testified the DD Marie-Alice Sanchez, this Wednesday at the Montreal courthouse.
Seated a few feet from the forensic psychiatrist, the accused watched the psychiatrist explain his cognitive problems, which would prevent a trial from taking place.
Both Ms. Jade Coderre of the Crown and Ms. Simon Leduc of the defense agree that the accused is unfit, but it is the jurors who will have to decide in this case, explained Judge Catherine Mandeville.
Secret accusations
However, if the jury has started to hear a forensic psychiatrist from the National Institute of Forensic Psychiatry Philippe-Pinel, it does not know what Gonzales is accused of.
Throughout the testimony, all the parties were careful not to indicate it, so much so that the only information accessible to the 12 citizens responsible for judging the case is that the events have a link with a fire which caused a death.
And because it is a court rule against revealing anything a jury did not hear in a courtroom, during the proceedings it cannot even be said what Gonzales is accused of.
On the other hand, the jury learned that the septuagenarian was an alcoholic, that he had been hospitalized several times in the past, and that this had affected his cognitive abilities.
“His syndrome affects memory, after which it can lead to dementia,” testified the DD Sanchez.
No improvement
Thus, Gonzales would not understand the proceedings taking place before him, as well as the consequences in the event of conviction.
“In my opinion, his incapacity is quite complete,” said the psychiatrist. Cognitively, I don’t see any improvement. His brain is already weakened by alcohol.”
At the end of the hearings, the jury will be sequestered and will have to decide whether, based on the evidence, Gonzales is fit to stand trial.
If he is unfit, as the parties agree, he will be followed until he becomes fit, if he ever becomes so.
“Mental condition is monitored to ensure his safety and that of the public,” the judge told the jury.
