Crown agrees Nicholas Layman not criminally responsible for Topsail stabbing

The Crown prosecutor overseeing Nicholas Layman's case agrees that thediagnosed schizophrenic is not criminally responsible for nearly killing a young soccer player in Conception Bay South last year.

• Scene of Topsail stabbing 'chaotic,' court told at Nicholas Layman hearing

Layman, 20, returned to provincial court Wednesday for a hearing that will determine whetherhe iscriminally responsible for stabbing an 11-year-old soccer player more than a year ago in Topsail, just outside of St. John's.

The attack, which the court was told in November almost killed the boy, shocked thecommunity and was witnessed by numerous children and parents.

After a morning of testimony from Waterford Hospital forensic physiatristDr.JasbirGill, prosecutor Frances Knickle agreed with defence lawyer Mark Gruchy that Layman is not criminally responsible.

Voices through radio, television

Gill completed an assessment andpsychiatrist report on Laymanand had been on the stand at the start of the hearing, answering questions from Layman's lawyer.

Gill testified that "Layman was deprived of moral choice because of illness" and that "he was hearing voices through radio and TV" around the time of the stabbing.

"The voices he heard sometimes told him what to do," Gill said.

"A person hearing these voices can feel compelled to do what they are told to do. They can feel like they don't have a choice."

Layman faces multiple charges, including attempted murder,aggravated assault and assault with a weapon.

He admits to the stabbing, but Gruchy is arguing that Layman should not be held criminally responsible for the attack.

No evidence he 'faked' illness

"After the attack [Layman]says he fled because he felt embarrassed and out of place. That is consistent with psychosis," Gill said.

Gill testified that Layman feared the stabbing would happenagain.

The court was told Layman believed he had killed his family's cats, and that's whythere was blood on his clothing following the stabbing.

"Long after the boy was stabbed, Layman continued to believe that he had killed the family's cats," Gill said.

She testified that she saw no evidence Layman was faking a mental illness to avoid the consequences.

Layman is doing well at the Waterford Hospital now, Gill said, andhas been taking his medication and is more relaxed.

Crown questions Gill

Crown prosecutor Frances Knicklebegan questioning Gill late Wednesday morning.

"Just because you are suffering mental illness doesn't always mean you don't know what you are doing?" Knickle put to Gill.

Gill agreed, and said it's possible Layman became aware of what he had done not longafter the stabbing.

Judge Colin Flynn is expected to decideon Jan.20on a joint submission that Layman is not criminally responsible .

Get more from the hearing by following Mark Quinnon Twitter.