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Montreal

Jury hears it will have to put together 'puzzle' on Richard Bain's criminal responsibility

On Thursday, a jury heard two very different versions of what happened on election night in September 2012, as the defence and the Crown made their closing arguments in the Richard Bain murder trial.

WARNING: This article includes explicit language

Richard Bain is on trial for the first-degree murder of Denis Blanchette, a lighting technician who was shot outside Montreal's Metropolis the night of Sept. 4, 2012. (Radio-Canada)

The jury in the Richard Bain murder trial is hearing two very different versions of what happened on Sept. 4,2012, as thedefenceand the Crown make their closing arguments today after 32 days of arguments and testimony in Quebec Superior Court.

Richard Bain is accused of first-degree murder for gunning downlighting technician Denis Blanchette outside theMetropolis concert hall in downtown Montreal, wherethe Parti Qubcoishad beencelebrating its election win.

The same bullet that killed Blanchettealso hithis friend and co-worker, Dave Courage, and left him seriously injured.

See our liveblog recap.

In hisfolksy style,defence lawyer Alan Guttmanled the jury through the events of Sept. 4, 2012 and the days leading up to the deadly night.

He repeatedly ask them to consider: "Was this anger? Or was this a man who was sick?"

He told the jury that his main defence is one of non-criminal responsibility, asoutlined inArticle 16 of the Criminal Code.

He read through excerpts from a report bydefence team's psychiatrist, occasionally stumbling with the pronunciation of medical terms.

"I don't know what that means," he said, adding that in any case, Dr. Marie-Frdrique Allardconcluded that it's more likely than not that Bain was psychotic whenthe alleged offence occurred.

"It's a puzzle," he said."You have to put it together. It's not easy but you have to put it together."

Throughouthis arguments,Guttmanoccasionally interrupted himself tolook down at his pile of loose handwritten notes.

"I want to make sure I don't miss anything," he said, with a smile to the jury.

Defence lawyer Alan Guttman delivered his closing arguments to a Quebec Superior Court jury on Thursday, Aug. 11, 2016. (Radio-Canada)

The court has heard that Bain has no memory of the night of the shooting, and the defence is arguing heshould not be held criminally responsiblebecause he has bipolar disorderand believed he was on amission from God to kill the separatists and protect theanglophones.

Guttmanreminded the jury that just four days before the shooting,Bainwent to a local patio-barwearing a kiltand said PaulineMaroiswas"f---king shit."

And,Guttmanadded,the weekend before the shooting,Bainpaid two strippers $400 for sex.

He suggested those acts were signsBainwas not in his right mind.

"How does a man, almost 62 years old, there's no violence, no criminal record, all the good he did How could this happen that a man like that could go out on such a rampage?" Guttman asked the jury.

"Youhave to understand, he had this religious belief that was so real that he was the instrument of God that he was chosen."

The defence also focused on whatBain saidin the moments after his arrest.

"If he was on this murderous rage, as Dr. Watts said, would he say after the gun jammed, 'Grace of God?'"Guttmanasked the jury, referring to the hypothesis of the psychiatrist called by the Crown.

Richard Bain, wearing a bathrobe and ski mask, was led away by police following the 2012 election-night shooting outside the Parti Qubcois victory party. (Radio-Canada)

Crown:Intent to kill as many separatists as possible

In his detail-oriented style, Crownprosecutor DennisGaliatsatosled jury membersthrough theevidence they have before them.

He argued that Bain went to the Metropolis on Sept. 4, 2012 with a plan to kill as many separatists as possible.

Galiatsatosasked jurorsto imagine how Bain would have felt, on his drive to Montreal, as he listened to the radio and heard the Parti Qubcois was projected to win the election.

"The PQ rally was, arguably, a gathering of separatists the object of Mr. Bain's hatred," he said.

The Crown's theory is thatBainwas angry on the day of the deadly attack,because theseparatist PQ was elected, and because that meant a moratorium on outfitting permits would not be lifted.

Bainhad hopedto turn his remote chalet and fishing camp in La Conception, Que., into an outfitters' camp.

A core part of the Crown's case is anote, written byBainduring a session with a psychiatristjust a couple months after the shooting.

In the note, he writes "the plan was to kill as many separatists as I could."

He adds that, if his semi-automatic rifle didn't jam he wold have kept on shooting, and if he hadfound then-premier designate PaulineMarois, "I would have killed her."

Galiatsatosalsospoke directly to the defence's argument that Bain only mean to shoot over their heads, which is what he told an officer soon after his arrest.

"Does that make any sense?" Galiatsatos asked, reminding the jury that Bain is an experienced hunter.

"Or did he just say that because he realized he was caught, and he realized he was in trouble. Big trouble. And he realized he better think of a way to get out of it?"

The Crown is expected to complete his closing argumenton Friday.

The final step will be the judge's instructions to the jury, which is expected to start deliberating this weekend.