PTSD not a defence in court

[McG]

Ex-soldier found guilty of criminal conduct

Canadian Press
Posted on The Globe and Mail
POSTED AT 3:56 PM EST Monday, February 3

Edmonton — An Alberta judge rejected post-traumatic stress disorder as a defence Monday when she convicted a former soldier who rammed his sport utility vehicle into a military office.

Madame Justice Doreen Sulyma of Court of Queen‘s Bench found Christian McEachern guilty of driving over the legal blood-alcohol limit, assaulting a peace officer, mischief and dangerous driving. But she acquitted him of impaired driving.

Mr. McEachern, who has since left the Forces, was a decorated corporal at the time of the drunken rampage at Edmonton Garrison headquarters in March 2001. He was on sick leave after being diagnosed with post-traumatic stress order brought on by peacekeeping duties in Yugoslavia and Africa.

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Full Article

 

[Michael Dorosh]

So what?

 

[Bruce Monkhouse]

So, if he was a major or higher he would be found not guilty and sent to that cesspool of broken talent,NDHQ.

 

[Gunner]

Bruce, why would you say that?

PTSD is not the issue here. Drinking, driving and being stupid is. Momma‘s boy was found guilty of breaking the law. He got off easy but he is too stupid to realize it. What a maroon.

 

[Michael Dorosh]

Exactly, Gunner. Not to appear insenstive - and I hasten to point out that while I did briefly serve in the same regiment as McEachern, I never knew him - I don‘t think PTSD gives anyone a license to destroy property or assault people.

His wailing mother did far more harm than good - she came off looking like a nutcase screaming "don‘t join the Army, this is what they do to you" for the cameras after the trial.

The two of them may have legitmate points to make - perhaps even they tried all the legal channels and came up blank, I don‘t know - but in the end, you have to expect a certain level of responsibility from people, no matter what they saw overseas.

If McEachern‘s psyche has been that scarred from his service overseas to the point he can‘t be trusted not to run a vehicle through the a building, why isn‘t he institutionalized? If he truly poses so much of a threat to society because of his war service and is truly not responsible for his actions, then why isn‘t he in a full time institution getting the help he claims he needs?

I don‘t see that his rank makes a difference. Dallaire never invented the Drive-Thru BOR despite the stuff that he has seen.

 

[Jarnhamar]

If the guy was in the military still i think his rank might have had a role to play but this was a civilian judge right? I don‘t think they‘re worried about rank.

 

[Gunner109]

Very true, it is important to remember that he was tried in a civi court not a military court. PTSD is a problem, this is true. Anyone who suffers from it will tell you. More education in the forces needs to be done on this subject. Is it a defence for what he did? That is a question best answered by doctors I think.