MUN PhD student found guilty of attempted murder on Signal Hill
There was little reaction in the courtroom on Thursday as a once-promising Iranian engineer was sent to jail for trying to kill his roommate on Signal Hill in St. John's in April 2017.
In a case shaped by cultural contrasts, language barriers, mental illness and questions of a taboo relationship between two Muslim men, Justice Vikas Khaladkar had the job of sifting through hours of testimony to decide what was true.
Did the man — whose identity is protected by a court-ordered ban — try to throw himself and his roommate off Signal Hill, or was it simply an accident?
Khaladkar did not come down on the side of the accused.
"I found the evidence of the accused to be contrived," Khaladkar said, reading a brief version of his 44-page written decision.
"In many instances he gave long, rambling answers that never answered the question posed to him."
The background
The accused joined the PhD program at Memorial University in 2016. Not long after arriving in St. John's, his mental health began deteriorating.
In the winter, he moved in with the complainant, whose name is also protected by a publication ban, so he could be under supervision.
In text messages sent to his brother in Iran, the accused wrote about how he was having dark thoughts about killing himself and his new roommate.
I did not believe a word of it. - Justice Vikas Khaladkar on a story told by the accused
In the days leading up to April 7, 2017, the two men went to Signal Hill three days in a row. The accused had told his roommate he was taking him to a skiing event. There are no ski trails on Signal Hill.
On the stand, the accused denied saying anything about skiing, but the judge didn't buy it and called it a "ruse."
On the final trip to Signal Hill, the pair went to Ladies' Lookout, a popular spot along the national historic site.
While looking out over the rugged scenery and the Atlantic Ocean crashing below, the accused grabbed the complainant and they both tumbled a short distance down the hill, getting caught in some bushes before tumbling off the cliff.
During the trial, the judge and lawyers took the unusual step of going to the scene of the crime. Khaladkar walked along the trail, followed by the prosecution, defence, the accused himself, sherrifs and media.
In his decision, Khaladkar said the view from the top made the accused's motive more clear.
"Looking at the vistas that are readily discernible from this location, it is plain that no one would survive a fall," he wrote.
More inconsistencies
Khaladkar also took issue with a story the accused told while on the stand about getting pummelled by guards while in custody.
He told the court he had been assaulted in the holding cells at Supreme Court on the day he was arrested. He said the guards had punched and kicked him several times and bent his fingers back to the point of breaking one of them.
Khaladkar said it was the first time anyone had heard this story — saying it appeared even his own lawyer, Mark Gruchy, appeared taken aback.
"I did not believe a word of it," Khaladkar said. "It was contrived ... perhaps to gain my sympathy."
Remanded to custody
After reading out a five-page summary of the 44-page decision — Khaladkar is suffering from bronchitis — the discussion turned to whether or not the accused should head straight to jail while awaiting sentencing.
Gruchy said his client has surrendered his passport, and given the current state of world travel, it would be hard to leave the country regardless.
Khaladkar said there were other considerations than him being a flight risk. It came down to the accused's mental wellbeing.
"He'll be in a position to be better looked after by Her Majesty's Penitentiary," Khaladkar said.
Though he said nothing to argue the decision, Gruchy has long railed against the mental health care inside Her Majesty's Penitentiary, and the detention of people with mental illnesses.
Both Gruchy and prosecutor Jude Hall declined comment while leaving the courtroom, but Gruchy did indicate he was likely to appeal the decision.
The accused is set for sentencing on Sept. 17. There is no mandatory minimum sentence for attempted murder.
Read more from CBC Newfoundland and Labrador
