Judge to decide hospital assault case in September

A judge will rule in September whether Randy Van Horlick is guilty of assaulting two nurses at a Moncton hospital last year.

That decision could hinge on whether the judge accepts the defence's theory that Van Horlick experienced a dissociative state as a result of stress and isn't guilty because he wasn't in control of his actions.

Bruce (Randy) Van Horlick, 70, of Acadieville, pleaded not guilty to two counts of assault causing bodily harm for the alleged attacks on Natasha Poirier and Teresa Thibeault on March 11, 2019.

The defence has not denied that Van Horlick assaulted the staff at the Dr. Georges-L.-Dumont University Hospital Centrebut argues the stress of caring for his ailing wife and the treatment she received in March 2019 led to his actions.

The defence called its final witness, a forensic psychiatrist, Thursday morning followed by closing arguments in the trial that began Feb. 3.

Psychiatrist Julian Gojerwas declared an expert witness by provincial court Judge Yvette Finn and testified by video about dissociative states, non-insane automatism and stressors that could trigger dissociative states.

Gojer said dissociative states are accepted by the medical field but need to be highly contextualized in criminal cases.

Gojer reviewed summaries of the evidence and spoke to Van Horlick in March. Gojer said he didn't come to a final conclusion about whether Van Horlick experienced a dissociative state, saying that was for the judge to decide based on the evidence and an assessment of his credibility.

"I think that would be unfair and inappropriate," Gojer said when defence lawyer Nathan Gorham asked if he had come to a conclusion. "If I'm offering a final opinion, I'm taking on the role of the judge."

Van Horlick testified in May his wife had medical issues, including seizures triggered by scents and stress. He testified about a series of interactions with health-care providers in the past where he felt frustrated or upset.

He said his wife was hospitalized for several days leading up the alleged assault and experienced seizures. She was moved from a semi-private room to one closer to the nurses station so staff could more easily monitor her.

However, Van Horlick said the location was near another patient who was screaming and kept his wife awake. She had another seizure and he said he was worried she would die.

Van Horlick said he wasn't satisfied with his wife's care and went to speak to a nurse manager, Poirier, whom he didn't know.

"We have a really major problem that needs to be fixed right now," he recalled telling the nurse in what he described as an "elevated" tone. He said the nurse firmly told him to "get out."

He testified he next recalled people pulling on him and a loud-pitched noise that made him cover his ears.

Poirier testified in February that Van Horlick told her she had three seconds to do something about the room change. She said he grabbed her by her hair, then by the arm and twisted her fingers backward.

She said she was hit on the left temple at least six times and then stopped counting, fell to the floor and may have lost consciousness.

Thibeault, a nurse practitioner, came to help Poirier. When Thibeault opened the door, Poirier was on her hands and knees.

"He had her by the scruff of the neck," Thibeault testified. "He was punching her in the face." Thibeault said she tried to get in between the two of them, but Van Horlick twisted her arm and injured her.

Gojer was accepted by the judge to offer expert testimony, providing opinions based on summaries of the evidence and an interview with Van Horlick in March this year. Gojer said he's testified in hundreds of criminal cases where his testimony has been accepted.

The person's mental functions are disconnected with their acts- Psychiatrist Julian Gojer

He testified that there are various diseases or disorders that can constitute automatism. Psychological blows or traumatic events can also trigger actions that can be criminal, he said.

"The person's mental functions are disconnected with their acts," Gojer testified.

He said when trauma increases, some aspects of what's happened can be completely blacked out in a person's memory.

It can, if accepted by a judge, become a full defence for a criminal charge, he said.

Gojer testified that the various medical issues Van Horlick's wife experienced over the years and then her seizures in the hospital would have left him psychologically "primed."

Gojer said being told by Poirier, as Van Horlick testified, to "get out" would have been a psychological blow and perceived as a threat to his wife's life.

But Gojer repeatedly qualified his statements during testimony, saying it all depends on whether the judge determines Van Horlick's version of events is credible.

"On its surface it does sound like a dissociative episode, but that's something I have to leave to the courts and I'm not prepared to offer an opinion," Gojer said.

Gorham in a closing argument said the medical issues of his client's wife had led to a high degree of psychological stress.

Gorham said the judge will need to decide on what happened in the moments leading up to the assault while Van Horlick was in Poirier's office.

"She said something that had a psychological impact on him," Gorham said. He said there's no other plausible explanation for what happened.

Crown prosecutor Marie-Andre Mallet said the type of defence is only accepted in rare cases.

She pointed out various inconsistencies in Van Horlick's testimony compared to other witnesses during earlier stages of the trial, such as how he said after the assault he covered his ears because he heard a high-pitched sound while no one else said that occurred.

The judge said she would issue her decision Sept. 11 at 1:30 in Moncton.