Lawyers for a Winnipeg man accused of killing four women say they plan to argue that he is not criminally responsible because he is mentally ill.
The lawyers for Jeremy Skibicki made the statement in court Wednesday, as the two sides tried to resolve issues before a jury is brought in next week to start hearing evidence.
Skibicki, 37, has pleaded not guilty to four counts of first-degree murder.
The partial remains of Rebecca Contois were found in a garbage bin and at a city-run landfill in 2022. Police have said they believe the remains of Morgan Harris and Marcedes Myran are at a different, privately owned landfill outside of the city.
The location of an unidentified woman Indigenous leaders have named Mashkode Bizhiki’ikwe, or Buffalo Woman, is unknown.
The defence is seeking to have the high-profile case heard by a judge alone instead of the jury. They have argued that two years of publicity on the case may affect the objectivity of jurors.
Manitoba Court of King’s Bench Chief Justice Glenn Joyal questioned Skibicki’s lawyers about the result of a different high-profile case in Winnipeg. The killing of 15-year-old Tina Fontaine in 2014 and the trial of her accused killer, Raymond Cormier, garnered significant media coverage, and the jury found him not guilty of second-degree murder.
“Twelve men and women were able to see their way through to determine Mr. Cormier wasn’t guilty as charged,” said Joyal.
Lawyer Alyssa Munce said the two cases are significantly different.
“This isn’t a case where we’re looking at the evidence to determine whether or not Mr. Skibicki committed those offences,” she said. “This is a situation where we are offering a defence of (not criminally responsible).”
Munce did not provide other details about seeking a not criminally responsible verdict.
A finding means a person was incapable of appreciating the nature and quality of an act due to a mental disorder. The person is detained in a hospital until a review board determines they are no longer a threat to the public.
The court arguments about Skibicki’s trial are not under a publication ban.
Joyal is expected to give his decision Friday on whether to proceed with a jury trial or hear the case alone.
A poll commissioned by Legal Aid Manitoba, whose lawyers represent Skibicki, was entered at the hearing.
Out of 906 respondents, 52 per cent said it would be highly unacceptable for a judge or jury to find Skibicki not criminally responsible. Fourteen per cent said it would be somewhat unacceptable. A little more than a quarter said they were neutral or didn’t know.
Munce told court the results, along with pretrial publicity and possible juror bias, leave her client at a “significant disadvantage.”
“The articles and the coverage of the press has been constant and consistent,” she said, adding the Manitoba Tories campaigned last year and put up billboards opposing a search of the landfill for two of the women.
“There was an apology from the premier on how that was conducted in that way. That is unprecedented in Manitoba,” said Munce.
Crown prosecutors took issue with testimony from a defence witness who said years of research in the United States suggest jurors can be tainted by even a small amount of media coverage and that there is no way of coming back from that.
Charles Murray, who is with Manitoba Justice’s constitutional law branch, told court the research was focused on the legal system in the U.S. and only involved mock trials and volunteer participants.
“You can’t, in Canada, say, ‘Prove to me those jurors aren’t biased’ ... it would be an error in the law,” said Murray.
Despite the amount of coverage the case has received, Murray said, the court was able to find a handful of jurors who were not aware of Skibicki or the crimes he’s accused of.