Richard Bain murder trial now in the hands of the jury

The jury in the murder trial for the 2012 Quebecelection-night shooting has been sequesteredand charged to come to a decision on four counts: first-degree murderand three counts of attempted murder.

The 12 jury memberswillstay at a hotel tonight, and will begin their deliberationson Saturday morning at 9 a.m.

RichardBainis accused of first-degree murder for the deadly shooting outside Montreal's Metropolis concert hall,which leftstagehand DenisBlanchettedead.

The shooting happened just before midnight on Sept. 4,2012,as then-premier designate PaulineMaroiswas delivering her victory speech to a crowd ofsupporters.

Before it was sequestered, the jury spent Friday afternoon listening toinstructions fromQuebec Superior Court Justice Guy Cournoyer.

He told the jury Fridayto carefully weighthe facts before them, without prejudice and without feeling influenced by public opinion.

"This case primarily concerns the state of mind of Mr. Bain on Sept. 4, 2012," Cournoyer told the members of the juryin his final instructions.

Jury members were told they would have to be unanimous in their decision to deliver any verdict, whether it be one of not criminally responsible due to a mental disorder, or a guilty verdict.

• CBC'scomplete coverage of the trial
• RECAP |Defence makes its case to jury in closing arguments

NCR is not 'a loose term'

Much of the judge'sinstructions focused on the complexities of the defence's main argument, which is that Bain isnot criminally responsible, or NCR, due to a mental disorder.

"Each of you may have your own idea about when such a verdict is applicable. Under our law, however, the verdict of not criminally responsible because of a mental disorder is not a loose term. Quite the contrary," Cournoyer said.

He explained that in order to find Bain NCR, the jury will need to agree that the defence proved it's more likely than not that Bainwas suffering from bipolar disorder at the time of the offence, and that it rendered him incapableof knowing that his acts were wrong.

Bainisalso accused of three counts of attemptedmurder:

• One count for Dave Courage, who was seriously injured by the same bullet that killedBlanchette.
• A second count for Quebec provincial police Sgt.StphaneChampagne.
• A third count for a dozenstagehands who were standing nearbywhen the gun went off.

The jury will not be asked to return a verdict on two other charges: arson and possession of an incendiary device.

Angry or mentally sick?

In presenting his closing arguments on Thursday, defence lawyer Alan Guttmanrepeatedly asked the jury: "Was this anger? Or was this a man who was sick?"

• More detailed recapof the defence's argument

Guttman argued that Bain was delusional that night, and that he even told a police officer moments after his arrestthat he meant to shoot over their heads.

The Crown argued, on the other hand, that Bainknew what he did was wrong and that he went to the Metropolis with a plan tokill as many separatists as possible.

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

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,Bainwrotethat his plan was to "kill as many separatists as Icould."

He wrote that if his semi-automatic rifle hadn'tjammed, he would have kept on shooting, and if he hadfound then-premier-designate PaulineMarois, "I would have killed her."

The defence arguedthatBainmight havebeen delusional when he wrote that noteand that it could be a fabricated memory.

Galiatsatossuggestedthat if it's a fabricated memory, it's a very accurate and detailed one.

Bain was experienced hunter, Crown argues

Galiatsatos alsotried to shatter the idea thatBainonlymeant to shoot over the heads of thestagehands.

The Crown reminded the jury thatBainis an experienced hunter, and pointed out thatBlanchette, who was shot in the chest,was standing only a few feet away fromBain, according toeyewitness testimony.

"Does that make any sense?"Galiatsatosasked.

"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?"

Bainhastestifiedthat he hasno memory of the shooting, but the Crown asked the jury to consider if Bain could be lying.

Galiatsatos referred to somethingBain said, while under oath, during cross examination.

"I don't consider them lies.I just consider them trying to get what I need," Bain said, when he was pressed about three times when he lied after his arrest.

Galiatsatos asked the jury:"Consider that when you consider his testimony.Is he lying to you? Is he trying to get what he needs?"

Liveblogrecapof closingarguments