A lone demonstrator carrying a Quebec flag and a sign saying “R H Bain guilty” disrupted proceedings at the Montreal courthouse Monday as the 12 jurors seek to reach a unanimous verdict in the Richard Bain murder trial.
Five men and seven women spent the weekend considering the evidence in the case. The jury must decide whether Bain is or is not criminally responsible for the actions committed on election night 2012 at the Metropolis, where then-premier designate Pauline Marois was holding a victory rally for the Parti Quebecois.
Monday morning, the demonstrator caused a potential setback when the sequestered jurors were stopped by constables as the disembarked from the bus to prevent them from seeing the demonstrator. When the jurors got inside, however, the constable overheard one juror tell another the man’s sign said, “It was written guilty.”
The defence asked if the jurors saw the sign, and the constable said they were on the bus as he hid it. The defence asked to speak with the juror who made the comment, as well as with his client.
Justice Guy Cournoyer then asked for a 15-minute recess before bringing the juror in to talk about the demonstator. After the delay, Bain's attorney said he did not feel the issue with the protester would impede the jury and the deliberations could resume, adding that they did not feel the jury would be influenced by outside factors.
"They look like 12 intelligent people. I hope I’m not wrong, but I have to have confidence in them. It’s our system and there’s nothing that tells me different,” said defence attorney Alan Guttman.
A juror also requested an AA meeting, preferably in English. He said he has been a member of Alcoholics Anonymous for the past year and rarely goes more than a few years without a meeting. After the judge told the juror he would not allow him to attend an AA meeting, the juror said he will be able to fulfill his duties. The Crown and defence agreed that would be fine.
“You know, at the beginning it was very alarming for myself, a juror wants to go to an AA meeting, I can think of many scernarios, but when I saw him, the way he answered, no, I have confidence he’ll be able to carry out his duties as a juror,” said Guttman.
Stagehand Denis Blanchette, who was working at the Metropolis was gunned down the night of Sept. 4, 2012. Bain, 65, is also charged with three counts of attempted murder in relationship to the attack.
The case hinges on Bain’s mental state on the night of the election. Cournoyer gave his final instructions to the jury on Friday afternoon, where he told them their priority is to determine if Bain was mentally competent. The 12 jurors have been sequestered for the duration of their deliberations.
Bain has pleaded not guilty to the charges, with his lawyer Alan Guttman trying to convince the jury his client was mentally ill at the time and should be found not criminally responsible for his actions.
The Crown, though, has argued Bain was of sound mind and that the shooting was premeditated and triggered by his anger over the Parti Quebecois election victory.
Deliberations resumed at 9 a.m.
With files from The Canadian Press
