Such an excuse
Treatment, not jail, for Manitoba bus beheader; victim's family angry - Yahoo! Canada News
WINNIPEG - A man who believed he was following God's orders when he stabbed and beheaded a fellow passenger on a Greyhound bus in Manitoba has been found not criminally responsible, to the consternation of the victim's loved ones.
Justice John Scurfield said Vince Li's attack on Tim McLean last summer was "grotesque" and "barbaric," but "strongly suggestive of a mental disorder."
"He did not appreciate the actions he committed were morally wrong. He believed he was acting in self defence," Scurfield said Thursday.
Both Crown and defence psychiatrists had testified at Li's trial that he was suffering from schizophrenia and believed God wanted him to kill McLean because the young man was a force of evil.
Li, 40, was charged with second-degree murder but pleaded not guilty.
McLean's mother, Carol deDelley, was upset but not surprised by the verdict.
DeDelley said Li may have been mentally ill when he attacked her son, but the fact remains that a crime was committed.
"He still did it," she told reporters outside court. "Whether he was in his right frame of mind or not, he still did the act. There was nobody else on that bus holding a knife slicing up my child. Nobody else did that. Just one individual did that."
DeDelley said the law needs to be changed so someone can be found not psychologically accountable but still criminally responsible for a crime.
She also took a shot at Canadian immigration policies which she said allowed Li, who was born in China, into the country with a mental illness in the first place.
Crown prosecutor Joyce Dalmyn agreed with the decision.
"This was justice," Dalmyn said outside court. "I feel that the judge did his job properly and reached the correct conclusion. Obviously these are very difficult files to deal with."
Li will be institutionalized without a criminal record and will be reassessed every year by a mental health review board to determine if he is fit for release into the community.
Such boards look at police reports and transcripts of previous judicial hearings and also hear evidence from treating psychiatrists, who testify about a patient's current mental condition, treatment plan and prognosis. Crown and defence lawyers get the opportunity to ask questions.
The board must carefully consider whether a patient could function in society or would pose a risk to the public. Members take into account a patient's insight into the illness as well as into what happened.
DeDelley said she and her family will attend the annual reviews to try to ensure that Li will never be allowed on the streets again.
Dalmyn said she has faith in the process.
"I have confidence that the review board will do its job properly," she said.
Scurfield's decision brings an end to a trial that lasted barely two days and only heard from the two psychiatrists, both of whom testified that Li is mentally ill and didn't realize killing McLean was wrong.
McLean's family has dismissed the trial as a "rubber stamp" that is allowing Li to get away with murder. They are vowing to turn their attention to fighting the law that allows people who are found not criminally responsible to be released once they are deemed well, without serving a minimum sentence in jail.
DeDelley said her son didn't die in vain. His death highlights concerns about the justice system, she has said.
That Li killed the 22-year-old carnival worker - brutally stabbing him dozens of times, beheading him and then mutilating his body - was never in question at the trial.
An agreed statement of facts read in court detailed how Li sat next to McLean after he gave him a smile and asked how he was doing. It was after McLean closed his eyes to listen to music on his headphones that Li said he heard the voice of God.
"Suddenly the sunshine came in the bus and the voice said, 'Quick. Hurry up. Kill him and then you'll be safe,"' Li told one of his psychiatrists. "It was so quick, such an angry voice, and I had to do what it said. I was told that if I didn't listen to the voice, I would die immediately."
Li ignored other horrified passengers as he repeatedly stabbed the young man, who unsuccessfully fought for his life.
When the bus pulled over near Portage la Prairie, Man., Li was engrossed with stabbing and mutilating McLean's body. Passengers fled the bus and stood outside.
Li tried numerous times to leave the vehicle but was locked inside and continued methodically carving up McLean's body. Police said body parts were found throughout the bus in plastic bags, although part of his heart and both eyes were never found and were presumed to have been eaten by Li.
The victim's ear, nose and tongue were found in Li's pocket.
God told him to cut up McLean and scatter his body parts around the bus, Li said.
"God told me to do it. Otherwise it would come back to life very quick and kill me. So I cut it up to make sure he couldn't come back to life ... God told me to cut off his head, so I did."
Li tried to escape from the bus through a window and was taken into custody.
After that, with blood smeared on his face from the attack, he politely apologized to police and pleaded with officers to take his life.