Skip to main content

A man accused of beheading a fellow passenger on a Greyhound bus in southern Manitoba this summer has told his lawyers he understands the situation and is willing to go to trial.

Vincent Li was charged with second-degree murder after the brutal death of Tim McLean, 22.

"He is fit to stand trial," defence lawyer Gordon Bates said Monday outside court in Portage la Prairie, Man. "There is enough evidence to put him on trial for that charge."

The trial will hinge primarily on whether experts think Mr. Li was criminally responsible for his actions, defence lawyer Alan Libman said.

"That's really the sole issue in this case," he said. "If someone commits an offence while suffering a disease of the mind and they don't know their actions are wrong, they can't be held criminally responsible."

Mr. Li was not in court on Monday and his lawyers said he should not be expected to appear until his trial begins. They added that he is co-operating with doctors and consenting to treatment.

During his first court appearance in August, Mr. Li had asked in a hushed voice to be killed, but Mr. Bates said his client is not under suicide watch now.

Details of a court-ordered psychiatric assessment will not be made public before the trial. The defence and the Crown agreed to seal the report because it could influence jurors hearing the case.

Releasing it might also violate Mr. Li's rights to patient privacy under the Canada Health Act, his lawyers argued.

"We believe he should get a fair trial," Mr. Bates said. "There is a lot of press coverage of this, obviously...and we just don't want to affect a potential jury pool or other witnesses."

"This should be litigated in court and not the court of public opinion," added Mr. Libman.

Crown attorney Joyce Dalmyn told court she agreed to seal the assessment since Mr. Li's doctors say the psychiatric evaluation is still ongoing.

"To publish any report at this time certainly would be prejudicial," she said. "It's an incomplete report."

A trial date is expected to be set on Nov. 6.

If Mr. Li were found not criminally responsible, he would be institutionalized and receive treatment. He would be assessed every year by Manitoba's mental health review board.

Mr. McLean was a young carnival worker on his way home from Alberta in late July when, witnesses have said, a man sitting next to him stood up and started stabbing him and carved up his body and held his head aloft.

Passengers fled the bus and waited for police to arrive.

Mr. McLean's family is suing Greyhound, the federal government and Mr. Li.

The family and the union representing bus drivers have called for stricter security on buses.

Interact with The Globe