From the Courts - No Parole for High Risk Convict

Photo: Peter Parsons, Herald













As reported in the Herald:

By PATRICIA BROOKS ARENBURG Staff Reporter
Tue. Feb 23 - 4:53 AM
The National Parole Board has refused to release a man charged with raping and trying to kill a Dartmouth gas station clerk shortly after he was let out of prison early in 2007.

Last week, the board conducted its annual review of Michael Robicheau’s case and determined that "if released, (he is) likely to commit an offence causing the death of or serious harm to another person before the expiration of the sentence (he is) now serving."

As a result, he will remain in federal custody until at least the end of June.

Robicheau is serving a sentence of eight years and eight months for a November 1999 attack on a woman working at a Subway sandwich shop in downtown Halifax. He was released from prison on Aug. 11, 2007, under the terms of statutory release.

In those cases, an offender must be let of prison after serving two-thirds of a sentence if correctional services officials do not successfully apply to the parole board for continued detention. The board can, however, impose a series of conditions, which it did in his case.

But just 10 days later, he allegedly attacked a woman who worked at the Ultramar gas station on Portland Street, slit her throat and left her for dead on the floor. The woman survived and police later found Robicheau hiding in nearby bushes.

He is now charged with attempted murder, sexual assault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose. His next court appearance is scheduled for March 1 in Dartmouth.

"It is apparent that even with the high degree of structure and accountability invested in your release plan, it was insufficient to manage the risk for violence that you presented," the board stated in last week’s decision

Robicheau, who has been remanded to the East Coast Forensic Hospital in Dartmouth, told the board that he is "functioning better since taking regularly (his) medications" and is participating in programs at the hospital "to gain a better understanding of (his) mental health condition."

He told the board that he expected to remain incarcerated because of his outstanding charges, but he didn’t want to talk about those charges because "you do not like the nature of the offence," the board wrote.

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).