By Dale Boyd
Osoyoos Times
A psychiatric report recommends that the man accused of setting fire to the Osoyoos RCMP station is not criminally responsible due to a mental disorder — however that determination has yet to be made by the courts.
Joseph McArthur-Pereira is charged with single counts of arson in relation to inhabited property and mischief endangering life relating to an incident caught on surveillance video which shows a man lighting a fire at the Osoyoos RCMP station on July 25 around 9:30 p.m.
Court heard the psychological report received by Crown counsel and defence on Tuesday night found McArthur-Pereira NCRMD (not criminally responsible on account of a mental disorder) certifying him under a mental health act. However, that finding has not been determined by the courts in a sentencing hearing yet.
Upon hearing defence counsel Norm Yates would delay the proceedings for a couple of weeks to discuss options with his client and Crown counsel, McArthur-Pereira said he would like a new lawyer.
“It would be better for him to, in the circumstances, to be in a hospital setting than in a general population at a jail or a remand centre,” Yates said.
• Read more: ‘Good Samaritan’ puts out arson fire at Osoyoos RCMP detachment
While Yates indicated it might be best to remove himself as counsel of record on McArthur-Pereira’s request, Judge Jane Cartwright asked Yates to at least stay with his client to explain the next steps in the process.
“Maybe it would be best to give him one further chance to talk to you about this. He is certified under the mental health act, according to this report, so he is very vulnerable. He needs some help,” Cartwright said.
“With or without a lawyer I wouldn’t be letting you out,” Cartwright said.
Yates agreed to stay on as council at least until he discussed options with his client.
McArthur-Pereira has remained in custody since his arrest in July and appeared in provincial court Wednesday, Aug. 21, via video.
McArthur-Pereira will return to court on Aug. 28.
