Attempted murder conviction stands for machete attack on sleeping nephew

Ontario Court Justice Andrew Buttazzoni has denied a Sault Ste. Marie man's request to have his attempted murder conviction re-opened to introduce fresh evidence.

The Sudbury judge convicted Andre Duplin of the charge in November for a vicious, unprovoked machete attack on his sleeping nephew in 2016.

On Thursday, Buttazzoni dismissed the 72-year-old man's application to have his trial re-opened to enter expert evidence from a toxicolgist retained by the defence.

The court heard the proposed evidence Monday when Dr. David Rosenbloom, a clinical professor in the department of medicine at McMaster University, testified about the toxic effects of combining medications and alcohol.

He indicated that a combination of prescription drugs, Duplin's lung disease, age and consumption of alcohol could have reduced oxygen to his brain so that he was unaware of what he was doing and would not appreciate his actions.

Rosenbloom based his opinion on health records from the Algoma Treatment and Remand Centre and pharmacy records of the medications Duplin had been prescribed.

Buttazzoni said the central issue related to intent for attempted murder and Duplin's ability to perceive the consequences of his actions.

Defence lawyer Michael Lacy argued that the ATRC records, together with the pharmacy's patient profile, provided circumstantial evidence that Duplin had taken his medications on June 7, 2016, the day of the incident

The Crown countered that Rosenbloom's opinion wasn't based on facts heard at the trial, but was hearsay from an interview with ATRC health staff.

Since Duplin didn't testify, he couldn't be cross-examined and that information should be inadmissible, prosecutor David Didiodato said.

In the June 8 interview, Duplin was questioned about whether he was taking his meds and he said was taking all of them as ordered.

When he gave his decision Thursday, Buttazzoni said he doesn't know if Duplin was being truthful or that he has COPD.

"I can put little weight on the records from ATRC," the judge said, adding the pharmacy records clearly indicate he was prescribed medications.

"Was he taking the medications? I don't have the answer," Buttazzoni said. "It would be speculation that he was taking the medications on that day."

Based on this, he said didn't find the expert's opinion credible.

A date for sentencing on the attempted murder conviction will be set June 13.

Larry Paquette was asleep in a recliner in his Aweres Township home, when the man he descibed as his"favourite uncle," slashed him in the head with a machete, fracturing his skull.

Duplin delivered seven blows to his nephew's head.

Paquette also was was struck 15 times on his hands and arms as he tried to defend himself.

The two men had spent the day drinking beer and smoking marijuana.

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