A Bradford man has been deemed not criminally responsible in the severe beating of a co-worker while on the job three years ago which left her permanently disabled.
“The overwhelming evidence is that Mr. Chheng was likely suffering from a major mental illness, that being schizophrenia,” said Justice Jonathan Bliss, adding his psychosis could have robbed the man accused of attempted murder of the capacity to appreciate the nature of what he was doing.
Mothy Chheng was not able to think rationally to enable him to make a right or wrong choice about the morality of what he was doing when he attacked his co-worker, the judge said.
“I am satisfied… at the time of the offence Mothy Chheng was suffering from a mental disorder that rendered him incapable of knowing his act was wrong,” Bliss concluded in making the not criminally responsible (NCR) finding.
On July 4, 2018, Chheng was 27 years old and had been working at the Flex-N-Gate manufacturing facility in Bradford for two and a half years.
In reviewing the events, Bliss described a regular day leading to Chheng’s arrival at work for the 3:30 p.m. shift on the assembly line.
After the 8:30 p.m. lunch break, Chheng picked up a brake part, walked over to where a woman was stationed and began striking her on the head and face with the brake assembly, the court heard. He continued hitting her after she fell to the ground.
Bliss said co-workers observed that Chheng, who was known to rarely talk while at work, was expressionless during the attack and some said he had a blank stare. After several strikes, he got up without saying a word, walked out the back door and drove away.
He stopped at McDonald’s for food and drove home to eat and change his clothes.
Chheng was arrested when he was later leaving his home to buy cigarettes.
In reviewing his background, Bliss said family members had suspected Chheng, who was living with his cousin in Bradford, had issues and he had been hospitalized two years earlier with his first psychotic episode.
Chheng later told a psychiatrist he was having a bad day and became irritated at work because he felt other workers were slowing him down.
Lawyer Mark Skikavich, representing the victim, read out her victim impact statement, as well as those of her family members, which described extensive injuries resulting in lasting pain and headaches preventing her from working, driving and doing what she once did so easily.
In the statement, she described having nightmares and suffering from post-traumatic stress disorder, leaving her pining for her old life. Because of her fears and ongoing needs, she moved to a more expensive condo equipped with a surveillance system and is closer to family members who can support her.
The woman said she had never spoken to Chheng, whom she called "evil," and that he didn’t know her at all. She asked the court for “some justice” and said she doesn’t forgive her attacker and never will.
“I lost everything all because he wanted me to die,” she said.
The victim said she was in a coma for a month after the attack, has completely lost sight in one eye and can no longer use her right arm, and the scars on her face are not expected to heal further.
She is constantly on medication and receives daily visits from a nurse to help her.
“Everyday, 24/7, I am in pain,” Skikavich read out. “I am permanently disabled as a result of this incident.”
She said she is grateful that the Workplace Safety and Insurance Board (WSIB) is covering her medical expenses, including her teeth implants, but she lives frugally, buying only necessities.
“I am so proud and grateful that I am Canadian and live in this country because you have taken care of me, otherwise I wouldn’t know what to do,” she wrote.
During the three-hour judgment on Tuesday, Bliss said the issue was whether Chheng’s awareness of the moral wrongfulness of his actions was the key issue. He said that Chheng had the “rote knowledge” that what he was doing was wrong, but wasn’t able to make a rational choice because of his mental disorder.
Chheng's lawyer said the decision underscores the special attention required by the justice system for those with severe mental health issues because it addresses both legal and moral wrongfulness.
“This case is a big win for the mental health community and mental health law in general,” Brittany Smith said after the decision. “We’re really starting to see the test for NCR being solidified in some way.
“When it comes to Mr. Chheng, this was ultimately, in my opinion, the right result and the just result in the circumstances based on his mental health issues," Smith added.
Courts are deciding that moral wrongfulness means a person must be able to make a rational choice about whether or not to act in the way they did, she said.
Chheng, the judge concluded, was not able to make a rational choice in that moment.
The case now goes to the Ontario Review Board, which must hear his case within 45 days to make a determination on his future.
Meanwhile, he remains at Ontario Shores Centre for Mental Health Sciences in Whitby.
