Star defence witness to testify at Alex Minassian’s murder trial

An American psychiatrist who is expected to be the lone voice to testify that Alek Minassian should be found not criminally responsible (NCR) for the deadly Toronto van attack due to autism spectrum disorder will take the stand today.

Here are live updates from the court proceedings. Story continues below.

Dr. Alexander Westphal, the defence’s final witness, is scheduled to testify today at the high-profile murder trial, which is being held virtually amid the COVID-19 pandemic. His testimony is expected to last three days.

On the afternoon of April 23, 2018, Minassian rented a white van and drove it down busy sidewalks along Yonge Street, between Finch and Sheppard avenues. He struck dozens of pedestrians, ultimately killing eight women and two men.

The now-28-year-old from Richmond Hill, Ont. has already admitted to planning and carrying out the attack.

Minassian has pleaded not guilty to 10 counts of first-degree murder and 16 counts of attempted murder. His lawyers are arguing he should be found NCR under Sec. 16 of the Criminal Code due to his autism diagnosis. Minassian’s state of mind at the time he carried out the attack is the sole issue at trial.

Sec. 16 states that a person is not criminally responsible if they were suffering from a mental disorder that rendered them “incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.”

The defence’s most recent witness, prominent Canadian forensic psychiatrist Dr. John Bradford, was asked one question by the Crown on Friday following his testimony.

During cross-examination, prosecutor John Rinaldi asked Bradford whether or not he believes the legal test for NCR is about “knowing” moral wrongfulness or “appreciating” moral wrongfulness.

Knowing moral wrongfulness, Bradford acknowledged, is the legal test.

During his testimony, Bradford said that from the perspective of a forensic psychiatrist, he does not believe Minassian’s autism diagnosis is sufficient to prove that he is not criminally responsible for his actions.

Psychosis is the conventional diagnosis for a finding of NCR, Bradford said, adding “it was clear very early on that (Minassian) was not psychotic.”

Court has previously heard that Westphal is expected to testify that Minassian’s “autistic way of thinking” was “similar to psychosis.”

Last week, Westphal said he would refuse to testify if his videotaped interviews with Minassian were unsealed by the court, cautioning they could incite more violence.

Justice Anne Molloy gave in to his demands reluctantly but is allowing select journalists to watch the videos.

The trial resumes at 10 a.m. on Monday.