BRIDGEWATER, N.S. - A Nova Scotia man accused of fatally shooting his estranged wife before attempting suicide in a grocery store parking lot is mentally fit to stand trial even though he is suffering from amnesia, a provincial court judge decided Tuesday.
Wayne Paul Eisnor of Barss Corner, N.S., faces a charge of first-degree murder in the death of his 42-year-old wife, Tina Mae Eisnor, in June 2010. He is accused of shooting the woman twice as she sat in her vehicle in New Germany, about 25 kilometres northwest of Bridgewater.
Wayne Eisnor's wife died that night in a Halifax hospital.
In October 2010, Wayne Eisnor was found unfit to stand trial because of brain damage caused by a gunshot wound. But Crown lawyer Alonzo Wright later argued his condition had improved significantly and a mental fitness hearing was held a little more than a month ago in a Bridgewater court.
On Tuesday, provincial court judge Gregory Lenehan ruled that Eisnor was mentally fit to stand trial because he has a basic understanding of the court proceedings and the potential consequences of a conviction. As well, Lenehan said Eisnor is capable of communicating with lawyers even though he has a limited intellect.
The judge said Wayne Eisnor has a limited attention span, he responds properly to questions when asked.
"I find that the Crown has met its burden in this hearing, " Lenehan said. "Mr. Eisnor is, at this time, fit to stand trial."
At that point, Tina Mae Eisnor's mother, Janet Illingworth, yelled: "Yes!"
The judge delivered a stern rebuke.
"You are in a courtroom," Lenehan said. "This is not a hockey arena."
Earlier, Lenehan said he accepted expert testimony that concluded Wayne Eisnor is suffering from retrograde amnesia as a result of his head wound. The judge said he also accepts that Eisnor can't remember what happened the day his wife died, and he has a limited memory of the six months prior to the shooting.
"I am satisfied that it is a real loss, a genuine loss of memory, and that Mr. Eisnor has not been, and is not now, faking that memory loss," Lenehan told the court.
Eisnor's lawyer, Roger Burrill, had argued his client's amnesia means he can't communicate in any meaningful way, making Wayne Eisnor "not much more than a bystander in any court hearing or trial," the judge said.
However, Lenehan rejected that argument, saying Wayne Eisnor's loss of memory will not interfere with his ability to understand the pending trial or communicate with his lawyer.
"I'm not aware of any other case in this province or in this country in which amnesia by itself was enough to find a person unfit to stand trial," the judge said, adding that the accused does not appear to be suffering from any other mental illness.
"Mr. Eisnor has the ability to follow the evidence. ... Amnesia by itself is not enough to find a person unfit."
The judge said the fitness hearing was not held to determine whether the accused is competent to testify or whether he was mentally responsible for anything he might have done the day of the shooting.
Afterwards, Tina Mae Eisnor's brother, Jody Illingworth, said he was relieved by the decision.
Wayne Eisnor will remain in custody at the Central Nova Correctional Facility near Halifax until his next court appearance in Bridgewater on April 18.
