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Liburd murder trial nears end

Lawyers are expected to deliver closing arguments today in the Supreme Court trial of George MacDonald (Messy) Liburd ? the man accused of brutally murdering his former girlfriend Chena Trott three years ago.

The five man, seven woman jury continued to hear psychological evidence yesterday from two psychiatrists and a psychologist who shared their opinions of personality disorders and on Liburd?s state of mind at the time of the killing.

Liburd, 32, is accused of murdering Ms Trott at the Crawl Esso Tigermart on August 9, 2002. He has pleaded not guilty to murder but guilty to manslaughter with diminished responsibility. The plea, which is not accepted by prosecution lawyers, requires defence lawyers to convince the jury that Liburd was suffering from an abnormality of the mind which significantly impaired his mental judgment.

Psychological experts all agree that Liburd has an anti-social personality disorder, however, they disagree on whether or not such a disorder would give a person the ability to plan their behaviour rationally and to consciously perpetrate an act of violence.

Jurors have heard from a handful of psychologists during the three week trial who have different theories on the extent of Liburd?s anti-social personality disorder but they will have to decide for themselves this week what constitutes an abnormality of the mind.

Ms Trott, the mother of three children, was stabbed six times as eye witnesses tried save her life, but Liburd fought off anyone who attempted to intervene with a kitchen knife. After the incident Liburd told Police that he would kill Ms Trott again if he had the opportunity.

Yesterday, however, psychiatrist Dr. Edirimuni Rodrigo told the jury that Liburd said in August 2002 during an interview that he was sorry for what he had done and would be pleading guilty to the charge.

Dr. Rodrigo, who is a consultant psychiatrist at the Mid Atlantic Wellness Institute, interviewed Liburd four days after his arrest. He said Liburd told him he was not sorry for who he was, although he did express some remorse for taking Ms Trott?s life.

?He said ?I still love her and will do so until I die?,? said Dr. Rodrigo. ?He cried, he was tearful, but he did not want to talk about the incident.?

Dr. Rodrigo added that Liburd was not hearing voices or experiencing abnormal mental perceptions at the time, however, he did tell the doctor that prior to the incident he was smoking cannabis and cigarettes daily and was a regular drinker.

During cross examination however, defence lawyer John Perry, QC, pointed out how the delay in the case coming to trial may have blurred some witness memories.

Dr. Rodrigo will have to produce his original notes in court today, replied that he did see the defendant at the prison three years ago, although he admitted to being uncertain of the date.

Another prosecution witness ? Dr. Matthew Logan, Canadian psychologist employed with the Vancouver RCMP, told the court that he interviewed Liburd on July 2 at Westgate.

Dr. Logan, agreed with the diagnosis of other experts that Liburd had an anti-social personality disorder, however, he pointed out that this diagnosis is a ?run of the mill? finding in most prison inmates in Canada and that eighty-five percent of them are diagnosed with this personality disorder.

He said Liburd had an intelligence level higher than what was expected based on previous reports, although he admitted to not conducting an intelligence test himself on the defendant.

Criteria for anti-social personality disorder include a ?slick?, superficial charm, lack of remorse and guilt, a callous lack of empathy and behavioural problems from an early age.

Promiscuity is also an issue, and according to Dr. Logan, Liburd admitted during the interview to having sexual relationships with between 30-40 women. On the scale which measures psychopathy Liburd fits all the criteria according to Dr. Logan. He said Liburd was also a typical case since he felt remorse for himself and not his victim.

?He expressed a superficial understanding that the kids would never have their mother but he was more concerned that he would no longer have his wife,? he said. ?There is remorse present, but the remorse is present not for the victim?s loss of life, but is for himself and the fact that he can not have the victim anymore.?

Dr. Logan said a personality disorder does not prevent an individual from taking responsibility for their actions and for making choices.

He said Liburd?s actions before and after the killing indicate show he was thinking rationally.

After the incident Liburd got away by stealing a bike, an action Dr. Logan said was rational.

His rational pattern of thought also indicated how he secreted the knife wrapped in a sock in a rafter of a bus shelter after stabbing Ms Trott and then told Police to wear gloves when picking it up because it was covered in blood.

The testimony is a sharp contrast to that of British psychologist Dr. Ian Anderson who said Liburd?s low score on a psychological screening test indicated the severity of his personality disorder.

Dr. Anderson, a witness for the defence case, gave Liburd an extensive screening and IQ test said at the time of the killing the defendant defaulted to behaviour consistent with his violent personality disorder.

Dr. Paul Harlow, the former Chief Psychiatrist at the Mid-Atlantic Wellness Institute, also told the court last week that such a personality disorder combined with morbid jealousy ? a disease of the mind ? impairs thinking and can lead to abnormal and irrational behaviour.

During cross examination, Mr. Perry, Liburd?s lawyer, pointed out that psychopathic disorder is a significant disorder of the mind which can drive irresponsible conduct and irrational behaviour.

Legislation amended through the 1998 Mental Health Act also shows that a personality disorder is classified under the scope of a mental disorder.

Dr. Logan, who does not accept there is any thought disorder present in Liburd?s brain despite his history of childhood beatings, said mind and personality are not synonymous or intertwined.

In his opinion the cluster of abnormal personality features displayed by Liburd demonstrates that a person can have a personality disorder but a mind that functions normally and plans behaviour.

?The way a person thinks can affect their behaviour, however, the mind can be bent on doing evil which can become a rational thought for that person,? he said.

Another Canadian expert forensic psychiatrist, Dr. Philip Klassen, who works at the Centre of Addiction and Mental Health in Toronto, said there was a consistency in all of the experts findings.

He said the term morbid jealousy does not exist in North American psychiatry, however, he said delusional jealousy disorders are recognised by experts.

?It is not clear if he suffers a delusional jealousy disorder, but it is documented that jealousy plays a role in the types of violent offences perpetrated by men against women,? he said, pointing out that jealousy disorders typically manifest in men in their thirties and forties.

When asked by Mr. Perry if he felt Liburd?s conduct was driven by malignant narcissism, Dr. Klassen agreed.

Mr. Perry also pointed out that a recent case in the UK showed how the courts of law had recognised narcissism as an abnormality of the mind.

Dr. Klassen responded that what exactly would be an abnormality of the mind would be a ?jury decision?.