Roger borsch trial

Brodsky conceded yesterday, may not have happened, but Mr. Borsch believes they did, a symptom of his PTSD. Brodsky said. Borsch had conceded that he might have been drunk during the attack. As such, he took a plea bargain. Borsch]said likely he was drunk [at the time of the attack] and he said he didn't want to put the girl through another trial, and a lengthier trial," Mr.

Knight said in an interview that the sentence, though on "the low end," was in keeping with the family's wishes. Knight said. The girl's account of the attack, in which she said she awakened in the early morning to see Mr.

Borsch in a soldier's uniform sitting on top of her, armed with a knife, preparing to cover her mouth in tape, was never disputed. The victim was a 13 year old girl. The accused admitted the acts, but submitted that he was not criminally responsible by reason of a mental disorder.

Particularly, the accused, a former soldier who had served in Bosnia a decade earlier, submitted that he acted in a dissociative state caused by post-traumatic stress disorder. The trial judge found the accused not criminally responsible. The Crown appealed, submitting, inter alia, that the trial judge erred in failing to make the necessary fact findings to support the accused's psychiatric and psychological expert opinion evidence. The Manitoba Court of Appeal allowed the appeal and ordered a new trial.

The court agreed that the trial judge did not make the necessary fact findings to support his reliance on the accused's expert opinion evidence. Accordingly, the verdict had to be set aside. General principles - Mental disorder - Insanity, automatism, etc. Evidence and witnesses - Rebuttal evidence - By accused - At the conclusion of the accused's evidence, a prospective witness came forward to dispute events testified to by the accused - The Crown sought to call the witness in rebuttal - The trial judge refused to permit the witness to be called, citing fairness to the accused - The Manitoba Court of Appeal stated that "whether to permit the witness to be called was a matter of discretion.

A judge's exercise of discretion should not be interfered with by this court, so long as proper principles were followed and no injustice was done.

I do not see any basis upon which we could or should upset the judge's ruling. Psychiatrists and psychologists at the trial supported Borsch's claims,but in an appeal hearing earlier this year,Knight argued that a witness who discounted the incidents Borsch claimed to have experienced in Bosnia should have been allowed to testify. Borsch's lawyer, Greg Brodsky, said he plans to take the case to the Supreme Court of Canada, and added the case has been very difficult on his client.

The Crown did not oppose bail while Borsch awaits a new trial. He was expected to be released later Thursday. Borsch's caseis not the firstin which aCanadian soldierattempted to usePTSD a defence, but it was the first timethe defencehad been successful. In , an Alberta judge rejected PTDS as a defence for a former soldier who rammed hissport-utility vehicleinto a military office and assaulted a military police officer.