No one is responsible for Shirel’s death…. Updated

Quebec Court Judge Hélène Morin had requested a second evaluation during a court hearing last month in the first-degree murder case of Maor Attar. Attar 19, is accused of stabbing to death his 14 year old sister Shirel in their Côte Saint-Luc home on Aug. 9, 2010.

Forensic psychiatrist Chantale Bouchard determined Attar was not criminally responsible for the Aug. 9 slaying in the family’s home on Randall Ave. because he was suffering from schizophrenia with psychotic episodes. His illness was not discovered until after his sister was slain. This assessment confirms a report by a defence psychiatrist last fall, which said he was schizophrenic suffering from psychotic episodes at the time of the murder.

An initial report had concluded Attar was fit to stand trial for premeditated first degree murder. Maor Attar actions following the killing also suggested an understanding that his actions were indeed “wrong”.

Bouchard assessment is expected to lead to Maor Attar acquittal in early January in the death of Shirel Attar. No one is responsible for her death….

Crown prosecutor is Hélène Di Salvo. Daniel Lighter is the defence lawyer.

Update January 10 2011

The Crown won’t challenge an assessment that Maor Attar, the man charged with killing his sister last year, was not criminally responsible for his actions at the time of the slaying.

Prosecutor Helen Di Salvo made the announcement during a brief hearing at the Montreal courthouse.

A court date has been set for March 16 to finalize the details on  Maor Attar acquittal.

Getting Away With Murder

[7] An accused who is found NCR cannot be punished for his or her criminal act. Any post-verdict limitation on the liberty of the person found NCR must be justified on the basis that he or she poses an ongoing danger to the community: R. v. Owen, [2003] 1 S.C.R. 779, at para. 25. That constitutionally mandated precondition to restriction on liberty finds its statutory expression in s. 672.54(a). That section provides that if the Review Board concludes that the NCR accused does not pose “a significant threat to the safety of the public”, the Review Board must order an absolute discharge.

[8] The meaning of the phrase “significant threat to the safety of the public” has been authoritatively set down in Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625, at paras. 49-62, 69. The phrase refers to a foreseeable and substantial risk of physical or psychological harm to members of the public that is serious and beyond the trivial or annoying. A very small risk of even grave harm will not suffice. A high risk of relatively trivial harm will also not meet the substantial harm standard. While the conduct must be criminal in nature, not all criminal conduct will suffice to establish a substantial risk. There must be a risk that the NCR accused will commit a “serious criminal offence”.

Many may find these guidelines established by law, and the courts, are of little consolation and with little recourse when the review board gets it wrong. And they do get it wrong… some would rightfully say, knowingly get it wrong. Read more

The 16 year old victim was Angela Her Killer is expected to be “Not Guilty”

Today at 1pm I will be attending the trial of another individual who committed an unprovoked murder. The system has pretty much predetermined that he will be found NCR (not criminally responsible) I had not heard of this murder, but it happened in May of 2009, in Winnipeg in front of multiple witnesses.

The victim ANGELA, was a lovely 16 yr old aboriginal girl who had just survived bone marrow transplant surgery, and was recovering nicely. Previously, Angela ‘s brother had passed away as he never got strong enough to undergo the same surgery. The Mother of these two beautiful children reached out to me and I am going to offer whatever support I can during what I know is going to be an extremely difficult time of helpless and hopelessness.

When the killer is found Not Criminally Responsible, the record will show a finding of not guilty! We do know someone is responsible for our children no longer being here and we want them to be HELD RESPONSIBLE! The issue of NCR needs to be addressed sooner rather than later!!!

We will update this story later today.

Sincerely Carol de Delley

The Update

The Crown and lawyers for a Daniel Munroe of Winnipeg both asked a Manitoba court to declare him not criminally responsible for stabbing 16-year-old Angela Holm to death last year.

Angela Holm was killed in a home on Victor Street in Winnipeg in May 2009.

Daniel Munroe, 19, was charged with second-degree murder in the case, but pleaded not guilty by reason of being not criminally responsible (NCR) due to mental illness.

He is also accused of stabbing the girl’s uncle in the same incident. He survived.

Holm was recovering from surgery for leukemia at the time of the attack.

The defence has conceded Munroe stabbed Holm to death and attacked her uncle.

Both the Crown and Holm’s lawyer asked Court of Queen’s Bench Justice Morris Kaufman to agree to a joint recommendation to declare Munroe not responsible for the murder.

Munroe’s psychiatrist Dr. Giovana Levin testified he suffers from schizophrenia and is being treated with anti-psychotic medications. Levin said Munroe had no understanding of his actions when he attacked Holm and her stepfather.

Munroe has told her he was “the brother of Jesus Christ” and he “needed to save” Holm.

Munroe also said his home was haunted and he heard voices that sometimes threatened his life.

On Thursday afternoon the Judge found Daniel Munroe not guilty.