Sailor’s mental health defence doesn’t hold water

by **Lincoln** Wed 13 Jun 2018, 10:04 am

A judge has dismissed a sailor’s application for a review of the $1,000 fine he got for being absent without leave from a Halifax-based warship.

DAVID MAHER
Published June 13, 2018

A judge has dismissed a sailor’s application for a review of the $1,000 fine he got for being absent without leave from a Halifax-based warship.

Petty Officer Second Class Steven Thurrott was out house hunting from July 28-30, 2017, and not at his post as electronic warfare supervisor aboard the frigate HMCS St. John’s. His defence was that he was suffering from a mental health condition at the time.

Thurrott’s fine, meted out by the military justice system, was reviewed internally by the Canadian Armed Forces and upheld. He then applied to the Federal Court for a judicial review.

“The review authority’s decision is justifiable, transparent, and intelligible, and within the range of acceptable outcomes,” Justice Keith Boswell said in a written decision dated June 4.

In the Federal Court hearing, held May 14, Thurrott’s lawyer, Michel Drapeau, argued that a summary trial was not the best place for the initial hearing, as he claimed Thurrott was suffering from his mental condition while he was away from his post.

The National Defence Act says that a summary trial cannot take place if the accused is “unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence.”

Thurrott does have a medical employment limitation because of stress, which is recognized by the Canadian Armed Forces. He no longer goes to sea because of his condition.

In his recent decision, Boswell said there is no evidence to suggest that Thurrott was suffering from a mental condition at the time of the incident or subsequent trial.

“Although the applicant claims he was suffering from a mental disorder at the time of the offence, he has not led any evidence to suggest that his stress-related (medical employment limitation) was impairing the functioning of his mind at the time of the offence,” said the judge.

In an interview Tuesday, Drapeau said his concern centres on the summary trial process, which can be difficult for those dealing with mental health issues.

“In summary trial, the accused doesn’t have the right to counsel,” said Drapeau.

“It places someone in a disadvantaged position, that’s for sure.”

Drapeau, a retired colonel, said that if his client was suffering from a mental condition at the time, he would not have been able to properly defend himself.

The federal court decision has quadrupled Thurrott’s penalty for going AWOL. On top of paying the original $1,000 penalty, he must now pay another $3,000 to cover the costs of the court and opposing lawyers.

http://thechronicleherald.ca/metro/1577295-sailor%E2%80%99s-mental-health-defence-doesn%E2%80%99t-hold-water