VANCOUVER — A former University of B.C. student who violently attacked another student in her university dorm has been found not criminally responsible due to a mental disorder.
At trial, Thamer Almestadi, 19, pleaded not guilty to the October 2016 attempted murder of Mary Hare in the victim’s room at the Salish House student residence. He also pleaded not guilty to aggravated assault and assault causing bodily harm.
The accused, an international student from Saudi Arabia, testified that Hare’s description of the attack was accurate and that he had committed the assault, but argued that at the time of the assault he was suffering from a mental disorder.
In a ruling released Thursday, B.C. Supreme Court Justice Margot Fleming said that there was no question that Almestadi had suffered a brief psychotic episode at the time of the incident and that the episode amounted to a mental disorder under the law.
“It’s also clear to me that Mr. Almestadi’s brief psychotic disorder rendered him incapable of knowing his attempt to kill Ms. Hare was morally wrong.”
Almestadi, wearing a grey suit and shirt and sitting in the prisoner’s dock, said: “Thank you, your honour.”
Court heard that in the weeks before the assault, Almestadi was growing distressed about his inability to study and keep up with his course work. He began sleeping odd hours and skipping classes. He spoke to his family, who found him depressed and homesick.
Almestadi, who prior to his attendance at UBC had not suffered any mental disorders and had no record of violence, talked to other students, telling them he was falling behind and thought he might need to see a counsellor.
He told a student-residence adviser that he felt people were watching him and that he was thinking of stopping his studies. The adviser recommended he seek counselling.
Almestadi went to the UBC hospital and tried to set up an appointment, but no one was available to see him immediately.
In an attempt to calm himself on the day of the attack, Almestadi, a Muslim, listened to an audio recording of a passage of the Qur’an and came to believe that God was sending him a message to kill Hare.
He had met her briefly once before outside the student residence, and said he felt no animosity toward her.
Almestadi picked up a steak knife he had in his room and went outside to look for Hare. When he couldn’t find her, he returned to the student residence, where they both lived and found Hare’s room, which had her name on the door.
Hare opened the door when he knocked, and he lunged at her with a knife. Almestadi slashed her throat, inflicting three wounds.
Hare, who was terrified and screaming, fought back and grabbed at the knife, breaking the knife and holding the blade in her hand. Almestadi then began choking her and she began to lose consciousness. Other students rushed to help Hare and she managed to extricate herself from him and flee. She was treated in hospital.
Outside court, Crown counsel Daniel Porte said the judgment of not criminally responsible was supported by both the Crown and defence. He said Almestadi will be remanded to a psychiatric hospital and be subject to the B.C. Review Board, which conducts periodic reviews of such cases.
