Liburd has antisocial personality disorder, jury hears
An expert psychiatrist told a Supreme Court jury yesterday that accused murderer George (Messy) MacDonald Liburd was diagnosed with severe anti-social personality disorder and demonstrated dangerous, violent and delusional behaviour.
Liburd, 32, has pleaded not guilty to murdering Chena Trott at the Crawl Esso Tigermart in August, 2002, but has pleaded guilty to manslaughter with diminished responsibility.
The plea means defence lawyers must convince the five-man, seven-woman jury that he suffered from an abnormality of the mind at the time of the killing which significantly impaired his mental judgement.
Prosecution lawyers do not accept the plea, and have presented evidence to the court that Liburd told Police in the aftermath of the killing that he would kill Ms Trott again if he had the opportunity.
The court also heard evidence from eyewitnesses that Liburd went home to get a jacket in which he kept a knife, and went to several locations searching for Ms Trott, the mother of three children, before he found her at the gas station and stabbed her six times.
Horrified onlookers tried to stop the brutal attack but Liburd wielded a knife at anyone who attempted to save Ms Trott?s life.
Dr. Paul Harlow, an expert witness for the defence case, told the court that he diagnosed Liburd with severe anti-social personality disorder.
He said Liburd exhibited symptoms of morbid jealousy and also showed symptoms of alcohol related delusional disorder ? factors he maintains prevented the defendant from functioning like a normal person and led to abnormal and irrational behaviour.
Dr. Harlow, the former Chief Psychiatrist at St. Brendan?s Hospital (which has since been renamed the Mid Atlantic Wellness Institute) and a specialist in forensic psychiatry, said Liburd was psychopathic but the term had been replaced in 1998 under the Mental Health Act as anti-social behaviour disorder, or severe personality disorder.
Symptoms of this disorder include morbid jealousy, which Dr. Harlow said led Liburd to stalk Ms Trott, and accuse her of infidelity in the weeks leading up to her death.
After hearing Liburd?s record of severely beating and battering women, which dates back to 1994, Dr. Harlow said the previous convictions support his diagnosis.
?Through the violence directed towards women, it is consistent with my opinion that the defendant is seriously mentally disordered and adds weight to my opinion that he is dangerous, and that he has committed crimes that fit the anti-social personality disorder.?
According to Dr. Harlow, morbid jealousy can develop into a disease of the mind that would influence how Liburd was behaving and would also impact on his ability to control his behaviour.
?His reasoning would not be part of the crime because he was significantly cognitively impaired,? said Dr. Harlow.
The court also heard that during interviews with Liburd, that took place in February, 2003 and in April, 2005, Liburd told Dr. Harlow that he was a ?jealous guy?.
When asked to explain, he told Dr. Harlow that he would be at a club dancing with Ms Trott when he noticed another man ?smile at her from across the dance floor?.
?He would believe that they were having sex, he would abuse her and beat her on the basis that of this belief,? said Dr. Harlow.
Dr. Harlow said Liburd told him that his jealousy led him to have constant suspicion that Ms Trott was unfaithful to him and that the symptoms of morbid jealousy were illustrated when Liburd asked if the doctor performing the post-mortem exam on Ms Trott?s body would be able to determine by looking at her genitals, if she had been unfaithful.
The court also heard that prior to her death Ms Trott had sought out help as a victim of abuse and was staying at the Physical Abuse Centre safe haven house which protects battered women between August 5 and 7, however, the team were unsuccessful in getting her to stay with them for a longer period. Counsellors also confirmed that Liburd was stalking Ms Trott.
The extent of Liburd?s jealousy also led him to examine Ms Trott physically, said Dr. Harlow, to see if she had been unfaithful, including checking her clothing and telephone for signs of infidelity.
Despite his findings, which were based in part on evidence collected from psychological evaluations of Liburd, Dr. Harlow admitted that there was no specific area on Liburd?s brain which demonstrated mental or cognitive impairment.
Dr. Harlow wrote a preliminary statement on his findings after the first interview with Liburd in February, 2003, however, he also admitted to the court, that the report was not signed or dated.
He used the informal report to prepare a final report after interviewing Liburd in April, 2005.
Crown prosecutor Carrington Mahoney pointed out that the report was to be written to international guidelines, however, Dr. Harlow had structured the report differently and merged information from different interviews.
Dr. Harlow told the court he wrote the report using guidelines for forensic psychiatrists and that guidelines differ due to speciality areas.
When Mr. Mahoney asked why the psychiatrist had not dated or signed the initial report, Dr. Harlow responded, ?I wish I could have.?
?He is very impulsive, very dangerous, he has difficulty maintaining self control and ?can get into a situation of dis-control very easily, said Dr. Harlow.
?You are not capable of saying that he is incapable of exercising self control?? asked Mr. Mahoney. ?Not completely,? said Dr. Harlow.
During the interviews with Liburd, the court also heard that Liburd initially denied carrying the knife and said Ms Trott had it, however, the story changed at subsequent interviews.
?Then he said he went into the house and picked up the raincoat which had a knife in it since he had the habit of carrying a knife for protection,? said Dr. Harlow.
Mr. Mahoney pointed out that Liburd had not told him that he had a knife to scare Ms Trott. The court also heard that the psychiatrist had no medical evidence that Liburd used drugs and alcohol, as he maintained, and that this information was not included in his report.
During his testimony Dr. Harlow also admitted that a neuro-psychological exam was not performed on Liburd?s brain and no focal areas on the brain surface would indicate brain or functional damage.
?Then there is nothing wrong with his brain?? asked Mr. Mahoney. ?Yes, but he has cognitive impairment,? said Dr. Harlow, pointing out that a history of violent childhood beatings can influence future mental ability.
The trial continues today.
