IN the MATTER of PART XX.1 (Mental Disorder) of the CRIMINAL CODE R.S.C

BRITISH COLUMBIA REVIEW BOARD

IN THE MATTER OF PART XX.1 (Mental Disorder) OF THE CRIMINAL CODE R.S.C. 1985 c. C-46, as amended S.C. 2005 c. 22

REASONS FOR DISPOSITION IN THE MATTER OF

DAVID FOMRADAS

HELD AT: Forensic Psychiatric Hospital Port Coquitlam, BC August 30, 2010

BEFORE: CHAIRPERSON: C. Sweeney, Q.C. MEMBERS: Dr. G. Laws, psychiatrist D. Bell

APPEARANCES: ACCUSED/PATIENT: David Fomradas ACCUSED/PATIENT COUNSEL: S. Hicks DIRECTOR AFPS: L. Lee Dr. E. Murphy ATTORNEY GENERAL: L. Hillaby

[ 1 ] CHAIRPERSON: On August 30, 2010 the British Columbia Review Board convened a hearing pursuant to s.672.47(2) of the Criminal Code, to review the custody disposition made June 4, 2010 by the presiding judge at the conclusion of the NCR proceedings in Provincial Court regarding the accused, David Fomradas.

[ 2 ] The court found the accused Not Criminally Responsible on account of Mental Disorder of six offences, all in which flowed from an incident in Vancouver during the morning of December 29, 2009; theft of a vehicle, aggravated assault (X2), dangerous driving, assault with a weapon (vehicle) and mischief by damaging property. These are serious offences.

[ 3 ] The statement of facts filed at the NCR proceedings provides agreed upon details of the events upon which the charges were based. (Exhibit 5) We acknowledge the circumstances set out in that exhibit, but will not repeat them in these reasons beyond noting that the actions of the accused caused significant lasting injuries to the two principal victims, as well as financial hardship and property damage to other persons unfortunate enough to have been in the accused’s path. The magnitude of harm to the accused’s victims is revealed in their Victim Impact Statements, which we take into account. This event placed innocent persons in peril and as much as they have suffered, it could have resulted in even more catastrophic outcomes.

[ 4 ] When the accused committed the index offences, he was psychotic experiencing delusions, symptoms of the serious mental disorder from which he suffers, bi-polar disorder.

[ 5 ] The accused is 32 years old, he was born and raised in Alberta and his family still lives there. Other than his parents’ separation when he was about eight years old, the accused led an unremarkable youth and adolescent life. He completed high school. He subsequently completed certification in a number of areas including wind turbine technology, hydrogen sulfide, oil and gas, forklift operator and hoisting and rigging. It does not appear, however, that he has ever secured employment in any of these fields. Mainly he has worked seasonally in the tree and landscaping business. He has a minor history of experimenting with several illicit substances.

[ 6 ] The accused has a record of criminal convictions. He was convicted in 2000 in Alberta of dangerous driving, possession of stolen property, failing to appear, taking a vehicle without owner’s consent and false pretenses. Sentences on these offences were suspended and he was placed on a probation order for 18 months. 1

[ 7 ] The accused’s mental health challenges seem to have emerged in 1999 when he experienced a major depression followed by a period of mania. Following an in-hospital fitness assessment for the offences noted above in Calgary in December 2000, the accused was diagnosed as suffering from bi-polar disorder and narcissistic personality traits. After discharge from hospital, he discontinued his medication and did not participate in mental health care.

[ 8 ] In anticipation of the current hearing the Board received many of the documents generated before the NCR proceedings. In addition, the panel received the transcript of those proceedings, a social history prepared August 12, 2010, by Mr. Murzello, and reports from the accused’s treatment team at the Forensic Psychiatric Hospital, psychiatrist Dr. Murphy and Ms. Lee, case manager coordinator.

[ 9 ] Ms. Lee provides some background information and chronicles the accused’s progress since his arrival at the hospital on January 5, 2010. Ms. Lee notes that the accused showed signs of change about a month before committing the index offences. He became increasingly irritable, distracted and disorganized. He left his mother’s home in Lethbridge, Alberta where he had been living precipitously on December 22 or 23, 2009. On December 27 or 28, 2009, he travelled by bus to Vancouver. He was unable to find a place to stay. Approximately two hours before committing the index offences on December 29, the accused was checked by the police after engaging in bizarre behaviour at a local hotel.

[ 10 ] Ms. Lee notes that upon arrival at the hospital the accused was disorganized and mute. His behaviour was bizarre and nonsensical with grandiose and religious themes. Details of the accused’s unusual behaviour are outlined in paragraphs three and four of Ms. Lees report. Ms. Lee describes the accused’s considerable mental and behavioural improvements in January 2010 after being started on an anti-psychotic medication.

[ 11 ] Since his NCR verdict, the accused has progressed from the Ashworth 1 Unit to Ashworth 4. He has access to level 1 privileges. The treatment team made application on the accused’s behalf to be referred to Coast Cottages. We learned in the course of the hearing from Ms. Lee that he has been accepted to live at Coast Cottages and there is a bed presently available for him. The accused has completed a community living skills assessment. Ms. Lee indicates that the accused’s mental state is stable and he has shown no evidence of hypomania since early February 2010. He has been compliant with treatment and his medications.

[ 12 ] Dr. Murphy observes that the accused had a previous bi-polar disorder episode when he committed the offences noted above in Alberta in 2000. Then, as with current offences, the

accused was delusional. He did not stay on the medications prescribed for him following that episode.

[ 13 ] Dr. Murphy notes that the accused was started on regular Loxapine, an anti-psychotic medication, on January 18, 2010. Within days the accused’s symptoms diminished and Dr. Murphy describes him as asymptomatic since that time.

[ 14 ] Dr. Murphy provides a risk assessment. Among historical variables only the accused’s major mental disorder places him as one with an increased likelihood of future violence. Dr. Murphy notes no negative clinical variables currently. Under risk management variables, Dr. Murphy includes the accused’s past noncompliance with remediation attempts and his present lack of support of the community.

[ 15 ] Dr. Murphy offers the following summary and comments regarding the progress of the accused’s recovery and her opinion on what is required to protect the public.

“Summary: This is a very unusual case in that this man, while profoundly thought disordered, paranoid and manic on admission, remitted almost completely on antipsychotic medications and has maintained this progress. This is consistent with the resolution of a manic episode. There is no evidence of any other diagnosis.”

“Section 672.54: In order to protect the public from danger (sic) persons, this individual will need to continue to take his psychiatric medication and to be supportive and evaluated by Forensic Mental Health staff. He is ready to be reintegrated to the community and has the skills needed to fit into a Coast Cottage placement. He will need ongoing support to either resume work or education so that he can prepare himself for the future.”

[ 16 ] In addition to the documentary evidence, the panel heard testimony from Dr. Murphy, Ms. Lee and the accused.

[ 17 ] Dr. Murphy described the accused’s symptoms upon admission to hospital in January as being quite severe. She described his rapid positive response to anti-psychotic medication as gratifying. She suggested that the process of decompensation or an episode of illness would likely begin with signs of mood disturbance. Dr. Murphy would expect signs of mood disturbance to precede the arrival of psychosis.

[ 18 ] Dr. Murphy believes that the accused was already psychotic by the time the accused arrived in Vancouver. She noted that there were signs of his deterioration and mood disturbance before he had left his mother’s home in Lethbridge and travelled to Vancouver.

[ 19 ] Dr. Murphy noted that the accused’s present anti-psychotic medication regime is presently maintaining the accused’s stability. He has demonstrated no negative symptoms. In the future she suggests that the accused is likely more at risk of depression than other manifestations of mood disturbance. She noted that if he were living more independently, he would be exposed to stressors which have played a role in the past in triggering his bi-polar illness, namely, he would have to cope with, and manage, his transition back into the community. She noted that he has really no support in the Province of British Columbia as his family with whom he is close, particularly with his mother and father, continue to reside in Alberta.

[ 20 ] Dr. Murphy confirmed that the accused has been asymptomatic for over seven months. She makes no AXIS II diagnosis. She noted that his two hypomanic episodes, which are approximately ten years apart, both involved depressive episodes.

[ 21 ] Dr. Murphy considered that the accused would recognize early signs of mood disturbance. However, his insight into his situation would be lost after he became hypomanic. She noted that he presently makes the connection between his illness and his actions in committing the index offences. She indicated that he is saddened and embarrassed and remorseful for the harm he caused the victims of his actions on December 29, 2009. Dr. Murphy believes the accused will remain compliant with his medications if he were discharged from hospital, to reside at Coast Cottages.

[ 22 ] Dr. Murphy indicated that at present there were no plans to alter the accused’s medications, though that cannot be ruled out as time passes.

[ 23 ] Ms. Lee informed the Panel that the present plan, if the accused were to be discharged subject to conditions, is that he will live in a more supervised unit at Coast Cottages for a month or two and then, if possible, moved to a less supervised unit to observe his ability to handle more independent living. She noted that he has been an exceptionally cooperative and positive patient at the Forensic Psychiatric Hospital.

[ 24 ] The accused acknowledged his agreement with the treatment team’s plan to transition him quickly to reside in Coast Cottages. He is comfortable with that plan. He hopes to find some part time employment or engage in some further schooling. Application has been made on his behalf for a persons with disability pension and there is little reason to expect that will not be forthcoming. He is interested in helping persons who are suffering from mental illness. He would like to mesh two of his interests, horticulture and therapy for persons with mental illnesses, and be involved in horticultural therapy, which he described as an emerging field. He 4

seemed well aware of the obligations and restrictions he would be under if the Board were to discharge him subject to conditions.

[ 25 ] The accused was examined extensively on his memories of the index offences. His memories seemed to generally track the information contained in the admissions of fact. He recognizes that at the time he was committing the index offences he was, for the most part, out of control of his actions and unaware of any motivation to have done the things he did.

[ 26 ] The accused likes his current medications. He believes strongly that his medications have helped him and permit him to have more stable thoughts. He denied he was troubled by any bothersome side effects from his present anti-psychotic medication. He expressed his understanding that he would be taking his medications indefinitely. He was emphatic in stating that he did not wish to experience again what happened to him in the course of his last episode resulting in the index offences. He described himself as a non-violent person and the last thing he wanted to do was hurt others or himself.

[ 27 ] He recognized that the symptoms leading to his committing the index offences likely started about a month before the events. He is able to recall that he had thoughts of a spiritual nature and at that time he experienced sleeplessness and was worried about his financial situation, having been laid off from his seasonal employment. He said he currently does not feel stressed. He believes that his finances will be generally stable with his disability payments.

[ 28 ] The accused explained that he stopped taking the medication, Lithium, prescribed for him following his hospitalization in Alberta after committing the offences in 2000 because of side effects that bothered him. He felt that between the 2000 incident and the current index offences he was functioning adequately although he concedes some symptoms may have existed, but not of a psychotic nature.

[ 29 ] The Director recommended that the accused be discharged subject to conditions.

[ 30 ] Counsel for the Attorney General supported that recommendation, noting there was a clear diagnosis of the accused’s mental challenges and that he had made a gratifying response to the treatment afforded him in hospital. Counsel pointed to the volatility of the accused’s illness and the extent of harm that resulted from his behaviour while acutely ill as a factor in concluding that the accused continues to pose a significant threat to the safety of the public. He also suggested that there would be value in imposing a non-contact order with respect to the two principal victims, the Popes.

[ 31 ] Counsel for the accused, agreed with the recommendation of the others that the accused be discharged subject to conditions. He pointed to the very positive response by the accused to the medication regime. Counsel noted that the accused makes the link between his mental stability and the medications he takes. He submitted that the accused will be able to recognize early symptoms of mood disorder and will be inclined to disclose those symptoms to his mental health support in the community.

[ 32 ] We considered the issue of significant threat. We concluded that the accused continues to pose a significant threat to the safety of the public. In coming to this conclusion we noted that the index offences were extremely serious and caused serious physical and psychological harm, and damage to property. The event could have had tragic consequences. It occurred only eight months ago. The accused’s previous bi-polar disorder episode, also involved the dangerous use of a vehicle. He has become mentally stable on the medication regime, but he has only been on the regime for seven months, and there may be a future need to adjust that medication. He has not been tried with living in the community since he has become stable on the current medication regime. Only for a period of about six months in 2008 did the accused believe he was fully functioning and OK. He has no community support in this province. We noted also that none of the parties suggested that the accused was entitled to be discharged absolutely.

[ 33 ] We agreed with the parties that the least onerous and least restrictive disposition in the accused’s situation was that he be discharged subject to conditions. We impose, among other conditions, a prohibition against his direct or indirect contact with Kris Pope and Carly Pope.

[ 34 ] This order will be reviewed on or before the expiration 12 months.

[ 35 ] Dr. Laws do you wish to add anything at this point?

[ 36 ] DR. LAWS: No, I concur and have nothing to add. Thank you.

[ 37 ] CHAIRPERSON: All right. Thank you. Mr. Bell, do you wish to add anything?

[ 38 ] MR. BELL: Nothing to add. Thank you.

[ 39 ] That concludes these reasons.

(REASONS CONCLUDED)

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