Refugee claimant convicted of murder for killing husband in Toronto

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He may have told the 911 operator that his husband was a demon and he was commanded by voices to kill him, but Leahain Malcolm has lost his bid to be found not criminally responsible for the brutal murder of Dr. Rupert Brown.

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Instead, Ontario Superior Court Justice Heather McArthur ruled Malcolm knew stabbing Brown 30 times was morally wrong and convicted him of second-degree murder

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“This is a challenging case,” McArthur said in delivering her decision in the downtown courtroom as members of Brown’s family watched on zoom.

“I have no doubt that Mr. Malcolm was struggling with a mental disorder at the time he stabbed his husband,” she said. “I also accept that, but for his mental health issues, he would not have killed Mr. Brown.”

“But I am satisfied that despite any mental health issues, Mr. Malcolm knew that he was stabbing his husband repeatedly. Mr. Malcolm knew that he was causing significant injuries to Mr. Brown as he stabbed him. Mr. Malcolm knew that the injuries he was inflicting were likely to cause death in Mr. Brown, yet he recklessly continued anyway.”

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In their native Jamaica, Brown had been a respected doctor; Malcolm, had studied law and worked as an investigator – and after they wed in the U.S. in 2018, the couple came to Canada in 2020 and claimed refugee status due to homophobia in Jamaica.

‘I think he’s dead’

On Feb. 27, 2021, after months of mental health troubles, Malcolm, 28, was “eerily calm” as he called 911. “I was hearing voices and I killed my spouse,” he said on the recording played at his judge-alone trial. “I think he’s dead.”

First responders found Brown, 38, lying lifeless on his back in the blood-soaked bedroom, with a bread knife and chef’s knife under him. Of the 30 sharp wounds he suffered, two would be fatal: a stab wound to the chest and an incised wound to the left arm that severed an artery.

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“The scene,” noted the judge, “is horrific.”

Crown attorney Brady Donohue suggested the killer, who had studied Ontario law in an attempt to pass the bar exam here, was tailoring his mental health symptoms to win a finding of not criminally responsible.

Court heard Malcolm was first hospitalized in Jamaica in 2019 after a suicide attempt. He reported stopping his anti-psychotic medications after coming to Canada in January 2020.

Claimed he was hearing voice of Justin Trudeau

Shortly after moving here, Brown took him to CAMH after Malcolm reported hearing the voice of Justin Trudeau.

A month before the brutal slaying, Malcolm was charged with assaulting Brown and was taken by police to CAMH, where he was hospitalized for 12 days and diagnosed with amphetamine-induced psychosis. He was given an injection of a different anti-psychotic drug that Dr. Lisa Ramshaw would later describe as “mediocre at best.”

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McArthur reviewed the competing expert evidence: Two forensic psychiatrists – Ramshaw and Dr. Derek Pallandi – testified Malcolm was suffering from a mental disorder at the time and Pallandi was definitive in his finding the killer was NCR. Dr.

Alina Iosif, the Crown’s expert, disagreed.

The judge rejected Iosif’s opinion, finding her evidence at times “concerning” and “intransigent.”

Based on his CAMH records and the 911 call, McArthur determined Malcolm was likely suffering from an active “disease of the mind” at the time of the stabbing. But the next stage of the NCR process must determine whether he knew it was morally wrong.

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The judge found there was “sparse” admissible evidence to consider except for the 911 call.

“Considering only the admissible evidence, I am unable to find on a balance of probabilities that Mr. Malcolm was incapable of appreciating that stabbing his husband was morally wrong according to the ordinary moral standards of reasonable members of society.

“As a result, I find that the defence of NCR has not been made out.”

No wonder the aspiring Ontario lawyer was pushing for a not criminally responsible verdict: He knew that if found NCR,
he would have had annual hearings by the Ontario Review Board with the possibility of being discharged once they determined he no longer posed a risk to society.

But Malcolm’s conviction for second-degree murder carries an automatic life term in prison, with the judge to determine parole eligibility between 10 and 25 years.

A date for Malcolm’s sentencing hearing, where Brown’s family and friends are expected to deliver victim impact statements, is still to be determined.

mmandel@postmedia.com

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