Lawyer criticizes RCMP; Sawicki found not criminally responsible

There was no surprise when a jury delivered its verdict in the murder trial of a man declared to be mentally ill.

Not criminally responsible due to a mental disorder was the verdict for each charge of second-degree murder, arson causing property damage, and theft of a vehicle against Christopher Vladislov Sawicki.

These were crimes the 49-year-old Sawicki had already admitted to when he went to trial this week in Supreme Court in Corner Brook. Outlined in an agreed statement of facts, Sawicki stabbed George Benoit at least 30 times causing his death, he then burned down his shed, and stole his vehicle in the early morning hours of April 24, 2008 in Piccadilly.

Defence lawyer Peter Ralph said he would be interested to see if the family or acquaintances lobby, in some way, for some changes to the mental health system or the way police handle calls dealing with people suffering from mental health illnesses.

"I was a bit disturbed that the police officer that went to see him on that occasion, went to speak to Mr. Sawicki for a few minutes and didn't bother speaking with the people who actually called," Ralph said after the trial, referring to the complaint neighbours made to police that Sawicki needed to be apprehended.

"I think, if the police officer spoke to Belinda Furlong and Joe Hefferan (the neighbours who called police) and Geraldine Drake (Sawicki's ex-girlfriend), he may have made a very different decision in terms of whether he was going to pick Mr. Sawicki up. So that was, I think, a very tragic decision on his part."

The lawyer said any inquiry or review of this incident would have to be initiated by the RCMP or Department of Justice. He believes it would be useful to determine if something was done wrong or if something can be done differently in the future.

Everything presented to the court in the trial, by both the Crown and defence, pointed to Sawicki having suffered from bipolar mood disorder, including the opinions he had suffered a manic episode of illness the morning he committed the crimes.

Dr. Nazir Ladha and Dr. Julian Gojer both testified the episode Sawicki suffered rendered him incapable of appreciating that his actions were wrong.

In fact, both testified they thought he believed he was doing the right thing. Ladha, in his testimony, said Sawicki didn't even have the capacity to appreciate the nature of his actions.

Judge was satisfied
Friday morning, Day 4 of the trial, Justice Alan Seaborn also told the jurors he was satisfied it was proven beyond a reasonable doubt Sawicki was not criminally responsible with respect to each of the three charges. It took the jury a little more than an hour to return with their verdict and, just before 1 p.m., Sawicki learned he would return to the Waterford Hospital in St. John's rather than to prison.

When the decision was announced, defence lawyer Ralph turned and smiled at Sawicki, who returned only the slightest of grins. When the jury was dismissed, Ralph again turned to his client. This time, Sawicki returned the smile, shook his hand, and thanked him.

While the sheriff's officers were waiting to put handcuffs on him, Sawicki paused until Crown attorney Robin Fowler looked his way, and he also thanked him. These were rare signs of emotion displayed by Sawicki throughout the four days.

As he was led out of the courtroom, he told media the verdict "feels good" and he offered a "sincere apology" to the Benoit family.

After the trial, Ralph told media the verdict was a relief to him and his client. While it was anticipated, he said it wasn't taken for granted.

"It's not a joyful experience really," Ralph said. "He is still living with the fact he killed a friend of his, but I guess he is relieved a jury of his peers said, 'yes, when this happened you were mentally ill and a very different person was responsible for that death.'

" ... He still has to deal with the fact he killed George Benoit and he will deal with that fact for the rest of his life."

The widow of George Benoit, Joan, was the first to testify in the trial. She stayed in the gallery to watch the first two days of testimony and sat with friends and acquaintances of both her's and Sawicki's, some of whom also testified. Sawicki's ex-girlfriend Drake is also a longtime, childhood friend of Joan's. They sat together during the first two days of the trial. Drake and some of the others in attendance greeted Sawicki, some smiled at him, and another waved to him.

"I didn't sense any ill will," Ralph told The Western Star Friday. "It is quite remarkable, even Mrs. Benoit, the wife of the deceased, I didn't sense any hostility towards Mr. Sawicki."

Ralph said his understanding is Joan always felt Sawicki was ill and blamed the mental health system for what happened. In fact, Tuesday, Joan testified, "I blame the mental health system 100 per cent for what happened."

"I don't think she would take any great exception to what the jury's verdict is," Ralph said of Joan, adding he thinks everybody involved hopes Sawicki receives the help he needs.

Back to Waterford
Sawicki will be returned to a forensic mental health unit at Waterford Hospital, where treatment for his bipolar mood disorder will continue. A review board - comprised of mental heath, social work, and justice professionals - have to hold a disposition hearing within 45 days of Friday. It is now their determination when Sawicki is suitable to return to society.

"I anticipate, at this point, he is likely to remain in the Waterford Hospital for quite some time," Ralph said. "I don't anticipate he will be allowed to leave the hospital. Perhaps sometime down the road that will be a possibility, but I suspect that will be a very gradual process for Mr. Sawicki, that he won't be getting out anytime soon."

Even with that opinion, the defence lawyer characterized the change in Sawicki upon his admission to Waterford shortly after his arrest as "remarkable," and he said within weeks he was "perfectly fine." He described him as a "wonderfully, gentle, kind fellow," and that it is hard to imagine the description of him portrayed throughout the trial was possible.

A tragic situation
Meanwhile, Crown attorney Robin Fowler said the verdict was also satisfying for the Crown. He teamed with Kari-Ann Pike out of Stephenville.

"Our decision to recommend that he be found NCR (not criminally responsible) wasn't made lightly, and the reason we had a jury was because they are the check on the system," he said. "This is 12 members of the community that made the final determination he is not criminally responsible, after they had the opportunity to see all the evidence and hear from all the key witnesses. It is satisfying to know they concurred with our final recommendation."

While not able to speak for Joan Benoit, he said she was aware this outcome was likely.

"The big thing about this is it is such a tragic situation," he said, adding the Benoits and Sawicki and his ex-girlfriend Drake, as well as their other neighbours and friends, Joe Hefferan and Belinda Furlong, appeared to have been very close prior to this incident. "It is just a tragic situation that this illness caused the death of another man."

He said it isn't his position to comment on issues surrounding the mental health system, police involvement, and/or whether an inquiry or review of this incident should take place.

Joan Benoit and other acquaintances didn't attend the final two days of the trial, including the verdict Friday.