Crown: Kachkar privileges put public at risk

(Update)
The man who ran down a Toronto Police officer three years ago could soon be allowed back into the community. Richard Kachkar was behind the wheel of a stolen snow plow, when he hit and killed Sergeant Ryan Russell, in January 2011. But his lawyers say that after extensive treatment, Kachkar should be allowed escorted day passes, from a mental health facility. That plan met stiff opposition in the Ontario Court of Appeal Monday morning.

When Richard Kachkar was found “not criminally responsible” , for the death of Toronto Police Sergeant Ryan Russell the court had to decide where he would be held for psychiatric treatment, and under what conditions. The location was Ontario Shores Mental Health Facility in Whitby. But the conditions are now a matter of debate. Last April the Crown, and lawyers for Kachkar struck a deal in a joint submission, to the court.

But the Crown now says that Kachkar’s lawyers effectively broke the deal by proposing that Kachkar be given escorted leave in the community, something opposed by the Toronto Police Association. Mike McCormack is with the TPA: “Yes we’re still concerned about his risk to reoffend, and his risk to public safety.”

Crown Lawyer Eric Siebenmorgen told the Appeal panel, that: “the Crown was effectively blind-sided” by the proposal and argued the Crown should have been given notice, and opportunity to oppose the move in court. He argued that even an escorted release posed a risk to public safety, and would undermine public confidence in the legal system, especially since, the man Kachkar killed, was a police officer, trying to protect the public.

“We do not look at the community access right in the same light as we do in other cases.” said Siebenmorgen.

But Kachkar’s lawyer Peter Copeland argued that Kachkar had shown no signs of any psychosis since entering treatment and that the court shouldn’t have to debate every development, as treatment proceeds. Copeland said Kachkar had been taking an experimental psychiatric medication by consent, and that the was co-operative, compliant, and pleasant, when dealing with staff, and had shown remorse for his actions. In fact he’d been ” a model patient showing a good understanding of his circumstances, and his need for treatment” and “Mr. Kachkar is ready for these community access privileges.”

Something that Ted Danson, the lawyer for Sgt. Russell’s family, said was clearly debatable: “How do you assess the risk to public safety if you don’t even have a diagnosis as to what the mental disorder is?

The three member appeal panel have reserved judgement in this case until an unspecified later date. It’s important to note that Richard Kachkar has not been released into the community at any time up to this date. And his mandatory annual review in this case, before the  Ontario Review Board will come up in April.