Vernon Law Courts (photo by Liam Verster / Vernon Matters)

By Liam Verster

Evidence Submitted

Decision reserved on if Vernon murder suspect can stand trial

Jun 8, 2023 | 2:10 PM

A suspect in a second degree murder case in Vernon is still awaiting a decision as to whether or not he is fit to stand trial.

Richard Fairgrieve is charged with the second degree murder of Willy Bartz in June of 2017. The victim’s body was found in the Sundance Suites on 43rd Ave. Fairgrieve was charged with murder in August 2019.

While in custody, Fairgrieve suffered a number of strokes that impacted his mobility and verbal functions. He was initially found to be unfit to stand trial after the strokes, but a B.C. Review Board overturned that decision in November of 2022.

Dr. Garen Gharkhanian, Fairgrieve’s doctor, claimed he also suffers from aphasia, which is trouble speaking and understanding speech or writing, as a result of brain damage.

Fairgrieve appeared in B.C. Supreme Court in Vernon via closed circuit television for the review as to if he was fit to stand trial Thursday, June 8.

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Crown counsel Alison Buchanan submitted other cases that have seen people who suffered strokes or who had amnesia and were able to “meaningfully participate” in the trial process. She stated Fairgrieve would be able to communicate with his counsel and understand the processes so long as questions are kept short and people speak slowly.

Defence attorney Glenn Verdurmen argued Fairgrieve’s brain injuries would make it so he could not follow along with the processes, that he would not be able to communicate his wishes with counsel and that he would not be able to take the stand to testify or present evidence.

Buchanan submitted a video of Fairgrieve’s review board hearing during the proceedings Thursday. She stated the video, which was not shown, and the attached transcript showed Fairgrieve could communicate and understand the ramifications of the actions, even if he could not recall them himself.

Verdurmen argued the review board hearing was done in a controlled setting with doctors and therapists Fairgrieve was comfortable with, not in a courtroom in front of a judge, jury, witnesses, and a gallery full of people. He also argued Fairgrieve required long breaks between being asked questions and providing a response due to his condition.

After hearing the arguments, Justice Alison Beames stated she wished to review the submitted cases and watch the video before making a decision on whether or not Fairgrieve was fit to stand trial.

Beames stated the evidence will be reviewed and that she, the two lawyers, and the accused, would have a conference video call on June 20, where she will render her decision.