Gregory Stanley Nield, 31, has been found guilty of the aggravated assault of Dr. Rajeev Sheoran in the Penticton Regional Hospital psych ward.
The jury returned hours after they were charged Friday, April 7, with a guilty verdict.
During closing arguments Nield’s defence counsel, Stan Tessmer, said there was much evidence he was not allowed to touch on.
“I’m obviously very disappointed. There will be an appeal,” Tessmer said. “In our view, the judge made a number of legal errors in preventing us from leading evidence.”
Tessmer is referring to the many objections from Crown counsel Sarah Firestone which marred the trial as he attempted to introduce evidence Nield was unlawfully confined by Dr. Sheoran and assaulted the doctor in self defence.
“We say she made a mistake in not allowing us to put a defence to the jury. She basically pre-judged matters,” Tessmer said.
A voire dire was held the week prior to the trial, where Justice Hope Hyslop determined Nield was lawfully certified under the Mental Health Act by Sheoran and one other doctor. Despite this, Tessmer attempted to continue to introduce evidence about his client’s state of mind, and Nield’s perception he was being unlawfully detained.
Nield was found guilty of assaulting Dr. Sheoran, causing multiple injuries which required surgery, including a prosthetic cheekbone and dental work, along with cognitive brain injuries which have kept him from returning to a full-time work load to this day.
Nield returns to Supreme Court June 5 to fix a date for sentencing and a pre-sentence report.