Saskatoon man not criminally responsible for killing partner, judge rules
Justice Grant Currie took less than a few minutes to read his brief decision to the courtroom Thursday, saying 'it is more likely than not' Thomas Hamp was suffering from a mental disorder when he stabbed and killed his partner Emily Sanche in their shared apartment on Feb. 20, 2022.
Currie said the mental disorder Hamp was suffering from 'rendered him incapable of knowing that it was wrong.'
'I was sweating like any other person who's involved in the case,' defence attorney Brian Pfefferle said.
'You never know what will happen until the verdict is read, but I was hopeful that this would occur and it's an expected verdict from our position.'
'I won't speak for the family,' Crown prosecutor Cory Bliss said following the decision. 'I know this has been very hard on them. They lost a daughter and a loved one and a sister. They're still feeling a lot of pain and just a lot of anger towards what happened.'
Hamp admitted he fatally stabbed Sanche at trial. The question wasn't whether or not he committed the act, it was whether he was capable of knowing what he was doing was morally wrong.
Hamp testified that he believed he was being watched by secret police who were trying to frame him as a pedophile. He said he wanted to save Sanche from being tortured and forced to breed and be killed.
In the months before the stabbing, Hamp testified about having false memories of being molested and an increased paranoia people close to him were conspiring with the secret police. He was suspicious of medical professionals and feared they would castrate him.
He was fearful of technology and was obsessed with the video game Tetris because he believed it was a test from the secret police.
Throughout all of this, Sanche, who was working towards a master's degree in counselling, kept detailed notes of what was happening to Hamp and her concerns for him.
Dr. Shabehram Lohrasbe, a forensic psychiatrist who testified at the trial and has provided thousands of assessments over his career, said he had never seen anything like it.
'In her death, her words in writing, essentially are what the court relied on, and what Dr. Lohrasbe relied on, to provide him with this evidence for the (not criminally responsible) verdict,' Pfefferle said.
'In many respects, quite tragically, Emily continued to advocate for Thomas.'
Bliss said this case is different from a majority of murder trials because Hamp didn't give any statement to police the night of the killing and didn't speak to anyone about what happened in any great detail until he spoke with psychiatrists.
'One challenge, I would say for the Crown, is discerning how to cross-examine someone when basically the statement they've given has been supporting the ultimate finding of (not criminally responsible),' he said.
Hamp's parents, Bryan and Sandi, declined to speak with reporters following Currie's decision, but later sent a statement to media.
'We are grateful that Justice Currie carefully reviewed this case and found Thomas not criminally responsible. We, like everyone who knew and loved Emily Sanche will forever grieve her death,' the statement said.
'Her diary was the central evidence that was used in this case. She knew Thomas best and her diligence in documenting his decline was so careful and detailed. We could not help but feel her advocacy for Thomas transcended her passing.'
Pfefferle said Thursday marks 40 months to the day Hamp was incarcerated. Hamp never applied for release and hoped serving time would give the family closure.
Pfefferle said that stability will 'bode well' for reintegration back into society.
According to the Criminal Code of Canada, The Saskatchewan Review Board, an independent administrative tribunal, must hold a disposition trial within 45 days to determine Hamp's fate, unless an extension is granted.
Hamp will be transported to the Saskatchewan Hospital in North Battleford until that takes place.
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