Li not responsible for killing: doctors
Crown, defence experts agree on diagnosis
By: Mike McIntyre
Doctors who have been working closely with admitted killer Vincent Li have concluded he shouldn't be held criminally responsible for last summer's beheading on-board a Greyhound Bus because he was suffering a major mental illness at the time, the Free Press has learned.
Justice sources say two Winnipeg psychiatrists -- one representing the Crown, the other for the defence -- agree Li should be sent to a hospital instead of a prison cell.
Their findings will be presented at Li's Queen's Bench trial, which is set to begin March 2 in Winnipeg and slated to last just three days.
The only issue for the judge to decide is whether Li should be found culpable of a crime he admits to committing.
The opinions of the two doctors will be the only evidence called regarding Li's mental state.
Sources say the Crown isn't directly consenting to a not criminally responsible (NCR) finding but will make no argument to oppose Li's bid to be spared from the mandatory life sentence with no chance of parole for at least 10 years that comes with a second-degree murder conviction.
Instead, they will simply allow justice to takes its course by putting their medical expert on the stand, who will be followed immediately by the defence doctor.
"Given the high-profile nature of this case... we owe it to the public to let them hear the facts in person," said a justice source. Those facts will include extensive details about Li's medical history and what may have triggered an attack that made headlines around the world.
With no evidence to the contrary, it's expected the judge will adopt the recommendations of the doctors.
If he is found NCR, Li's file would be turned over to a provincial review board, which would determine whether he has received sufficient medical treatment to be returned to the community. His case would be reviewed on a yearly basis and there is no minimum period he must serve in hospital before he would be eligible for release.
Lawyers have told the Free Press Li has responded to medical treatment since his arrest and has been co-operative with the doctors who are working with him.
Crown and defence lawyers have said they will present a lengthy agreed statement of facts during the trial, which include an admission from Li that he stabbed, decapitated and defiled 22-year-old Tim McLean as he slept on the Winnipeg-bound bus in late July on the Trans-Canada Highway near Portage la Prairie.
The unprovoked attack was witnessed by about three dozen passengers. None of them will be called to testify.
McLean's family has called for the creation of a new law that would ensure killers like Li are never given the chance for release -- whether they are found NCR or not.
Carol deDelley, the victim's mother, told the Free Press last fall it's outrageous Li will have the chance to taste freedom again.
"Under no circumstances do I ever want this man walking free in public again. This shouldn't be acceptable to anyone," deDelley said.
Her big fear is that doctors will quickly rule Li can be managed in the community through medication.
"They can treat him, that's fine. But it has to be done in a locked facility for the rest of his days. Anything less than that is not justice," she said.
"I don't think he can be cured. Treated, yes. But not cured. He's unpredictably dangerous. I don't think he can be healed. And I don't want to take that chance."
Lawyers have agreed to move Li's case to Winnipeg because of ongoing security concerns at the Portage la Prairie courthouse.
Li has received several death threats and his lawyer said there is no way to bring his client to court in Portage without exposing him to the public.
Justice sources told the Free Press on Friday police have been working on a comprehensive security plan to ensure there are no incidents when Li appears for his trial.
The downtown courthouse has an underground entrance that will allow Li to be brought to court without coming into contact with the public.
Li remains in custody at the Health Sciences Centre mental-health unit, where he has been undergoing treatment and testing since his arrest.
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