Psychiatrist says accused killer Richard MacNeil not criminally responsible

The Crown is getting a second opinion about whether a 40-year-old Cape Breton man can be held criminally responsible in the death of his common-law wife.

Richard WayneMacNeilof Gardiner Mines is charged with first-degree murder in the April 18 death ofSarabethAnne Forbes, 33.

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The case returned to Sydney provincialcourt Friday to discuss the report of forensic psychiatrist Dr. ScottTheriault.

Theriault'sreport saidMacNeilis fit to stand trial, but cannot be held criminally responsible for the killing.

'Just an opinion'

"This is just an opinion," Crown attorney Steve Drake said outside court.

"There's no finding of NCR (not criminally responsible) until he goes before a court. Only a judge can make that finding."

Police found Forbes dead inside the couple's home in Gardiner Mines. The woman was a teacher's assistant at Tompkins Memorial Elementary in nearby Reserve Mines. The couple's son is a student at the same school.

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Drake has arranged for Dr. StephenHucker, a forensic psychiatrist based in Toronto, to do a second assessment ofMacNeil.

The case will be back incourt June 23.MacNeilis being kept in the East Coast Forensic Hospital until then.

"We hope by that point in time to have some information from Dr.Huckerand it could potentially be to set dates for a preliminary hearing or bail hearing, depending on the instructions he gives his counsel," Drake said.