BRANDON — A judge has ruled a man found guilty of cutting the cables to a cell tower in Erickson — leaving the community without internet in December 2020, at the height of the pandemic — not criminally responsible.
Associate Chief Judge Donovan Dvorak said the evidence presented at last year’s trial and at Thursday’s hearing led him to agree with the report’s finding that Brent Ritchie, 60, had a mental disorder at the time of the incident.
The judge cited evidence at trial about Ritchie hearing voices and believing the internet tower was connected to that.
“We don’t find people criminally responsible for things when they’re not morally responsible, so in your mind you didn’t believe what you’re doing was wrong for protecting yourself,” the judge said.
On Thursday, forensic psychiatrist Dr. Shauna Sawich testified about her assessment that Ritchie was suffering from a mental disorder when he committed the offence.
He’d been found guilty of mischief for damaging the cables after a trial in October 2023. He was also found guilty of possessing several loaded weapons.
At Thursday’s hearing in Brandon provincial court, Sawich testified Ritchie was suffering from a delusional disorder that made him feel he was being targeted, tortured and threatened, and therefore needed to protect himself.
Ritchie maintained throughout the hearing that he had post-traumatic stress disorder, not delusional disorder, and that he was acting in self-defence.
Sawich said that at the time of the offence, Ritchie was experiencing delusional beliefs, paranoia and auditory hallucinations.
The psychiatrist explained the difference between delusional disorder and PTSD, noting that a delusional disorder is a symptom of psychosis.
“Delusional disorder… would be someone having fixed, false beliefs, where when information is introduced to them, they’re not able to re-evaluate the beliefs that they have,” she testified.
Court also heard testimony from a forensic mental health specialist who helped write the report that concluded Ritchie shouldn’t be held criminally responsible.
He testified he was tasked with interviewing Ritchie to collect information about his personal and family background.
The Crown asked that the judge find Ritchie not criminally responsible, while the appointed defence counsel argued Ritchie didn’t believe he suffered from a delusional disorder.
The lawyer emphasized the “sad case” of his client spending a long time in custody due to the court process.
After the ruling, Ritchie was taken back into custody to await a disposition hearing by the Manitoba Criminal Code Review Board. The conditions of the disposition will take into account public safety, the mental condition of the accused, the reintegration of the accused into society and the needs of the accused.
The board will hold a disposition hearing every year while Ritchie remains under its jurisdiction.
— Brandon Sun