Trial of man accused of assaulting nurses adjourned because of video chat issues

Proceedings in the Bruce (Randy) Van Horlickassault trial quickly came to a halt Thursday morning when Judge Yvette Finn asked defence lawyer Nathan Gorham if he was ready to proceed.

Gorham was expected to call a forensic psychiatrist who practices in Ontario as an expert witness, but because of COVID-19 travel restrictions, the witness could not come in person and Gorham had not set up a video call with court staff in time.

"We didn't realize it would take five business days to accommodate video," he told Judge Finn.

The testimony is in defence of Van Horlick, 70, of Acadieville. He is on trial for two counts of assault causing bodily harm for the alleged attacks on Natasha Poirier and Teresa Thibeault on March 11, 2019.

Both women were nurses at the GeorgesL.Dumont Hospital when the attack occurred.

Last week, Van Horlick testified in his own defence, telling the court he felt he knew how to care for his ailing wife better than medical staff and had previous confrontations with healthcare workers.

"A forensic psychiatrist is going to testify based on the evidence Mr Van Horlick gave in court and explain that sometimes people, when they're under an inordinate of stress, have dissociative experiences where they black out and they don't have voluntary control over their actions," said Gorham.

'I didn't realize it would take five days in 2020'

Gorham told the judgethat he had offered to buy a connector that would allow his computer to be connected to a large screen television in the courtroom at his own expense but the judge denied his request by email.

Gorham told Judge Finn that courts in other provinces use video conferencing apps like Zoomto facilitate testimony from witnesses unable to be present in the courtroom.

Judge Finn said she understood that there is technology available that could be used, and New Brunswick has a system in place, but Gorham should have made the request for video services earlier thanthe daybefore the case was set to resume.

She read from an email sent to Gorham in May, explaining where Gorham should make the request for a video call.

'That's your responsibility'

"Last week, I recall clearly before I left the court (I said) 'don't forget to make your request'," said Finn. "You contacted the court yesterday to set it up for today."

Finn told Gorham that good or bad, the province has a system, and had he used it, "we would not have this problem."

"I'm sorry, I didn't realize it would take five days in 2020,"said Gorham.

"That's your responsibility, to find out these things," replied Finn.

Sheexplained part of the issue was about giving court staff time to set the system up and test it before court is in session.

The trial was adjourned until July 2.