The trial of a Victoria man accused of trying to murder his girlfriend three years ago has been adjourned to determine whether he was suffering from a mental disorder at the time of the alleged offences.
On Wednesday, Mathew Legare applied for a court-ordered assessment of his mental condition during the weekend of Aug. 11 to 13, 2018, when he allegedly beat, choked and threatened to kill his former fiancée. The 29-year-old roofer has pleaded not guilty to attempted murder, aggravated assault and uttering threats to his former girlfriend, identified by the initials M.K.
B.C. Supreme Court Justice Douglas Thompson granted the order, noting there is some evidence Legare was having mental difficulties at the time.
“I can say at the time of the commission of the alleged offences there are reasonable grounds to believe that an assessment is necessary to determine whether the accused was suffering from a mental disorder so as to exempt him from criminal responsibility,” said Thompson.
The court heard that M.K. was treated in hospital for a shattered orbital bone, a cigarette burn on the side of her face, a split right eardrum, a broken nose and bruised ribs. M.K. has a metal plate in her face to support her eye, which was sinking into the back of her head.
Legare testified that he had suffered from mental-health problems since childhood. He has been treated at Eric Martin Pavilion, a mental-health facility at Royal Jubilee Hospital, and has tried to commit suicide, said the judge.
“I heard evidence that in the course of the weekend which gives rise to the allegations before the court, that he made a suicide attempt on the afternoon of Aug. 12 in the trails between Colville Road and that he made an apparent suicide attempt on the morning of Aug. 13 by consuming a whole bottle of sleeping pills,” said Thompson.
The court also heard that Legare has been diagnosed with fetal alcohol effects. At the age of four, he was diagnosed with attention deficit hyperactivity disorder, and he struggled in school.
In her evidence, M.K. said Legare was “crying” and “all over the place” when he had a belt around her neck.
“She testified that he was having a mental breakdown about it. He was pacing around the room, distraught,” the judge said. “He grabbed the sleeping pills and said he would kill himself and took the whole bottle.”
During cross-examination, M.K. testified that Legare seemed to be deteriorating during the weekend. His behaviour was erratic and his thoughts were jumping all over the place, said Thompson.
The court will also have to deal with evidence of the use of cocaine and MDMA during the weekend.
The outcome of the assessment will determine whether the defence will reopen its case.
The case is set to return to court on April 20.