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Lawyers in agreement

Crown and defence believe accused not criminally responsible for murder
trial
Frederick Dale Maranda was killed in his home in the 4900-block of 5th Avenue in Tsawwassen in May of 2014.

The trial of Richard Dale Maranda opened Monday with both the Crown and defence asking the judge to find him not criminally responsible for the murder of his father two years ago in Tsawwassen.

The Vancouver resident is charged with seconddegree murder in the stabbing death of Frederick Dale Maranda, 72, in his home on May 18, 2014.

The trial opened in New Westminster Supreme Court before Justice Williams where Maranda entered a plea of not guilty to an amended count of second-degree murder through his lawyer David Crossin.

Following the plea, Crown prosecutor Wendy Stephen presented her opening statement.

"There are two major issues to be dealt with in this case. The first is whether the Crown has proven beyond a reasonable doubt the offence of second-degree murder and the second, whether Mr. Maranda is not criminally responsible by reason of a mental disorder," said Stephen. "You will hear in due course that the Crown and the defence are in agreement of both issues, but it is of course up to your lordship to make the decision on both issues."

Stephen then presented the court with the agreed statement of fact.

"In essence, Mr. Maranda went to the home of Mr. Maranda Sr. armed with a knife, and went into the home, attacked him with the knife, leaving him dead. Mr. Maranda then left the home, drove up to 100 Mile House and then back where he was arrested on Highway 1 by the police about 1 a.m. on May 19."

In order to be found not criminally responsible due to a mental illness, there is a two-step approach that the court must take, Stephen said.

"First of all there must be a finding that Mr. Maranda was suffering from a disease of the mind at the time of the offence and that disease of the mind led him to not appreciate either the nature or quality of the act or the act was wrong," she said.

Stephen told the court the defence retained the services of Dr. Roy O'Shaughnessy, a forensic psychiatrist, who completed a review and submitted his report to the Crown in February. The Crown then retained the services of Dr. Janet Smith, another forensic psychiatrist, to provide her opinion, which was received in June.

"The essence of both doctors' reports is that Mr. Maranda was suffering from a disease of the mind, schizophrenia, at the time when he killed his father and that because of delusions brought on by the schizophrenia, he did not know that killing his father was wrong," added Stephen. Crossin then presented his opening statement.

"There is no question, of course, that my client killed his father. The issue is whether he should be found not guilty by way of a mental disorder. These are the questions and the facts before you. It is my submission that the evidence you will hear and be presented by the agreed statement of fact will demonstrate that Mr. Maranda is not criminally responsible for killing his father. I don't think there will be any question you will find that he has been suffering from schizophrenia for many years."

Crossin told the court his client was diagnosed around the age of 30 in 2000. At that time, he spent two months hospitalized before being released under a regime of anti-psychotic medications.

In 2003 a serious incident occurred with his father, where Richard launched an unprovoked attack by pouring hot water on him and stabbing him in the neck with a knife.

Richard was charged with assault, but was found not criminally responsible.