(file photo/Vernon Matters Staff)

By Liam Verster

Not Fit To Stand Trial

Vernon murder case won’t go to trial

Jun 20, 2023 | 11:23 AM

A man charged in a second degree murder case in Vernon from six years ago won’t have a trial.

Richard Fairgrieve, charged with the June 2017 death of Willy Bartz, has been deemed unfit to stand trial by a B.C. Supreme Court judge.

The victim’s body was found in the Sundance Suites apartment complex on 43rd Avenue Fairgrieve was charged with Bartz’s murder in August 2019.

Fairgrieve suffered a number of strokes after being taken into custody and charged. His doctor, Dr. Garen Gharkhanian, claimed the strokes caused brain damage and aphasia, the symptoms of which include trouble speaking and understanding speech or writing.

After suffering the strokes and the subsequent mental deficiencies, Fairgrieve was originally deemed unfit to stand trial, but in November of 2022, a B.C. Review Board overturned that decision.

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Fairgrieve’s defence argued his conditions would impede court proceedings as witnesses and lawyers would have to speak slowly and use simple language for him to follow along, and that he would have trouble giving testimony, responding to cross examination, and generally communicating with his counsel.

At a virtual hearing Tuesday, June 20, Justice Alison Beames stated much of the evidence in this trial is circumstantial and there would likely be a need for many expert, police and witness testimonies.

She said “while an accused person may not need to have the cognitive capacity to understand the technical evidence of experts, he or she needs to be present and capable of communicating with counsel as the evidence unfolds.” She noted while there is no evidence of cognitive impairment when Fairgrieve appeared in court for previous hearings “it appeared his ability to communicate deteriorated gradually,” perhaps due to the two-hour trip between the jail and the courthouse, and when out of the witness box he “appeared disengaged.”

“Based on my observations he did not look at the witnesses, nor attempt to interact with his counsel, nor respond to anything that was said in court when he was in personal attendance,” Beames stated.

“While on video conference he did not appear to look at the screen or camera at all. He predominantly appeared to be looking down or away. It was impossible to tell if he was listening, and if so, if he was able to process any of what he heard.”

The justice said it would not be possible to accommodate his conditions in a trial.

“A courtroom during a trial is not a serene place devoid of distractions. Counsel and witnesses could not be expected to speak extraordinarily slowly, using only simple words and without reference to complex, novel or abstract concepts,” Beames said.

“The onus is on the Crown to prove Mr. Fairgrieve’s fitness on a balance of probabilities. Having considered all of the evidence I am unable to find that Mr. Fairgrieve’s would be able to meaningfully participate or be meaningfully present at his trial.

“Consequently I find that the Crown has not proved his fitness on a balance of probabilities, and that is notwithstanding the Review Board’s hearing on November 28 of 2022. As a result, a previous disposition in finding of unfit to stand trial has not been displaced, the disposition remains in place.”

Fairgrieve will remain at a forensic psychiatric hospital subject to ongoing provisions of reviews and assessments through that facility.

After handing down her decision, Beames ordered a transcript of the hearing, a copy of all the exhibits, and a transcript of her decision be sent to the B.C. Review Board.