Judge must decide if former MRU hockey captain was aware of his actions in attack on prof

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Doubt remains on what drove former MRU student Matthew Brown to run naked through a Calgary neighbourhood and break into two houses, assaulting a school professor in one, a prosecutor said Friday.

As a result, Crown lawyer Matt Block argued that Justice Michele Hollins must find the actions of the one-time Mount Royal Cougars hockey captain were voluntary, making him guilty of criminal charges.

Defence lawyer Sean Fagan said the Court of Queen’s Bench judge should find Brown was in a state of non-insane automatism when he broke into a home in the Springbank Hill community of southwest Calgary, viciously attacking MRU professor Janet Hamnett, before breaking into a second residence.

Hamnett, who did not know Brown and never taught him, suffered severe injuries to her hands and arms as she fended off blows from him after he forced his way into her home in the middle of the night, naked, and assaulted her.

He was arrested in the early morning hours of Jan. 13, 2018, still without clothing on, inside a second residence not far from Hamnett’s home.

Fagan said Hollins should accept evidence that Brown, 28, was incapable of controlling his actions after consuming magic mushrooms at a friend’s house party that night.

He said Brown’s actions were completely out of character and consistent with a psychosis triggered by the consumption of hallucinogenic narcotics.

But Block said Hollins should reject the opinion of psychologist Dr. Thomas Dalby that Brown was in a state of delirium due to the ingestion of the drugs.

Block said there was no evidence of the strength of the mushrooms consumed by Brown as the mushrooms supplied that night by the accused’s good friend were never tested.

He also said Brown minimized key facts when he reported to Dalby his alcohol use that night and his prior drug consumption — things which cast doubt on the doctor’s opinion.

Brown told the psychologist he had four or five standard alcohol drinks, but testified he had 15 to 19 at the party and failed to mention he had previously consumed cocaine.

The prosecutor argued Dalby began by presuming magic mushrooms were the cause of Brown’s actions and then looked for evidence to support it.

“Dr. Dalby started with his conclusion and looked backwards,” Block said.

“Dr. Dalby thinks that any other reason for these offences is impossible,” he said.

“The impossible here is the other possible reasons for it, such as it was an intentional act.”

A date for Hollins to hand down a verdict will be set in the new year.

KMartin@postmedia.com

On Twitter: @KMartinCourts