A A

SYDNEY, N.S. —

A Gardiner Mines man who brutally attacked and killed his common-law partner of 10 years is entitled to claim her life insurance policy.

On Dec. 14, 2017, Supreme Court Justice Frank Edwards ruled that Richard Wayne McNeil, now 42, was not criminally responsible for the death of 33-year-old Sarabeth Ann Forbes on April 18, 2017, because at the time of the offence he was suffering from a mental disorder. McNeil had been diagnosed with schizophrenia in 2012.

It is the finding of not criminally responsible which Edwards, in a decision released Thursday, said entitles McNeil to receive the insurance payout. The amount of the payment was not disclosed.

“There is a public policy rule which says criminals should not be permitted to benefit from their crimes. That public policy rule has no application to this case. Richard has been found to be not criminally responsible. He is not a criminal,” said Edwards, in his decision.

There is a public policy rule which says criminals should not be permitted to benefit from their crimes. That public policy rule has no application to this case.

In referring to other cases in law, Edwards cited a Supreme Court of Canada decision which noted that a finding of not criminally responsible because of mental disorder is not a verdict of guilt and that the individual is not morally responsible for their actions.

“There is absolutely no public policy argument in support of disqualifying Richard from benefitting under the life insurance policy Sarabeth purchased from Cooperators Life,” ruled Edwards.

“If I had convicted Richard of murdering Sarabeth, he could not claim the life insurance proceeds,” said the judge.

The insurance company paid out the policy in 2019 to the court after Linda McNeil, Richard’s mother, filed a claim for the proceeds as did Emeline Forbes, Sarabeth’s mother, acting on behalf of Richard and Sarabeth’s young son.

Forbes purchased the life insurance policy in 2015 and named Richard as primary beneficiary and their son as contingent beneficiary. Such a designation would allow the son to claim the proceeds had his father died or was otherwise disqualified from receiving benefits.

McNeil was charged with first-degree murder in connection with his wife’s death. She suffered multiple knife wounds and a gunshot blast to the back of the neck.

During the hearing into McNeil’s mental fitness, the court was told that in the days leading up to the murder, McNeil had stopped taking his medication and, according to family members and neighbours, seemed increasingly paranoid.

Individuals who had contact with McNeil in the days leading to the murder reported that he feared his well had been contaminated, his home was being monitored, that Forbes was cheating on him and the Holy Grail was buried in his backyard. He talked about something big happening in the next few days and urged others to make peace with themselves. There was no evidence to suggest any of the beliefs were actually true.

In addition to stopping his medication, McNeil reportedly hadn’t slept or eaten for some five days prior to the attack.

“His thinking was totally disturbed and his illness had totally overwhelmed him,” testified psychiatrist Dr. Stephen Hucker, who prepared a lengthy report for the court on McNeil at the time of his fitness hearing.

“He was in full mental breakdown at the time of the offence,” said Hucker, adding McNeil had no ability to think or act in a rational manner.

After the court finding in 2017 of not criminally responsible, McNeil was ordered to return to the East Coast Forensic Hospital in Dartmouth to continue the treatment he had been receiving since his arrest. A review board will decide his future release.

In a decision dated April 10, 2019, the review board continued to order McNeil’s detention at the facility.

Related: