From the Courts - Delay in Gas Station Rape Case

As reported by Steve Bruce in the Herald:

There’s been yet another delay in getting Michael Derrick Robi cheau to trial on charges of raping and trying to kill a Dartmouth gas station clerk in August 2007.

The case was adjourned two months ago to allow the defence to obtain a second opinion on whether Mr. Robicheau was suffering from a mental disorder at the time of the attack.

That opinion was expected by Thursday, but lawyer Pat Ather ton told a judge in Dartmouth provincial court that the expert won’t be examining his client un til Feb. 15 and 16.

Judge Alanna Murphy ordered everyone to return to court March 1. In the meantime, Mr. Robicheau will remain in custo dy at the East Coast Forensic Hos pital in Dartmouth to maintain his fitness.

Doctors at the hospital submit ted a report to the court in De cember saying that Mr. Robi­cheau was not suffering from any disorder in August 2007 that would have made him not criminally responsible for his alleged actions.

That followed an earlier report, received by the court in October, which said the 34-year-old is mentally fit to stand trial on charges of attempted murder, sexual as sault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose.

If the defence expert thinks Mr. Robicheau was not criminally responsible for the attack, a hearing will have to be scheduled so a judge can make a ruling on the issue.

If the expert comes to the same conclusion as staff at the forensic hospital, the case will be ready to move towards trial.

Mr. Robicheau allegedly at tacked a woman who was work ing the overnight shift at the Portland Street Ultramar on Aug. 21, 2007. The victim was left for dead on the floor with a slit throat but managed to survive.

Police found Mr. Robicheau hiding in nearby bushes.

He had been released from pris on on statutory parole 10 days earlier and was reported missing from a halfway house about four hours before the attack.

A 30-day psychiatric exam that fall found him mentally fit to stand trial. He pleaded guilty to the charges in January 2008 and the Crown launched a dangerous offender application, but the pleas were withdrawn in Septem ber 2008 after doctors said he was psychotic and mentally unfit to be sentenced.

In December 2008, when Mr. Robicheau was showing no signs of improvement, the court or dered that he be moved from the Central Nova Scotia Correction al Facility to the adjacent foren sic hospital, where the Nova Sco tia Criminal Code Review Board would determine what to do with him.

Forced to take medication, Mr. Robicheau regained his mental fitness.

The victim of the attack, whose identity is banned from publication, was visibly irritated by Thursday’s latest delay in the case.

Shortly before the assault, the accused had been released on parole after serving two-thirds of his sentence for assault and robbery (see CBC story).