Gary Mattson's defence lawyer argued Friday his client is not without hope and that labelling him a dangerous offender would not protect society as much as treating the man's problems would.
Naeem Rauf argued his client, who two years ago beat Edmonton transit driver Tom Bregg of St. Albert, would not receive the treatment he needs to address his alcoholism and other psychiatric issues if the court labels him a dangerous offender. Without that treatment Mattson will only become more of a danger, he said.
In December 2009 Mattson got on board an ETS bus and began arguing with Bregg. When Mattson was kicked off the bus, he exploded, punching Bregg several times before dragging the unconscious man off the bus and stomping on him repeatedly.
Mattson pleaded guilty to the vicious assault and the Crown is seeking the dangerous offender designation to keep him incarcerated indefinitely.
Rauf argued Friday afternoon his client could be rehabilitated and become a functioning member of society.
“It is clear that Mr. Mattson can be redeemed,” he said. “ If he could be sober, society is protected.”
Rauf made frequent references to the psychiatric report from Dr. Curtis Woods that noted Mattson had psychopathic tendencies, but was not a psychopath. He mentioned Woods testified Mattson feels empathy for people who are in similar straits as he is, from a disadvantaged background and facing poverty.
“If he is capable of feeling empathy that is, in my respectful submission, a cause for hope.”
Rauf argued that given Mattson's background, which included extended stints of homelessness, it is not surprising that he has difficult with empathy for those in higher social situations.
“It is difficult to feel sorry for those who have a jobs and a warm place to sleep.”
Rauf noted that, according to Corrections Canada statistics, dangerous offenders wait an average of 5.3 years before receiving any treatment that might help them re-integrate into society.
“In those 5.3 years, exposed to the viciousness of prison life, it is likely he will become even more hardwired and reinforce his bad habits.”
Rauf also pointed to reports from Mattson's time in custody indicating he was not prone to random acts of violence and that he had rejected a gang association, because, as he told Woods, he did not want to have to attack or even kill people simply because other gang members had ordered it.
Rauf said there was every indication that Mattson was not a lost cause and that if he could be taught to deal with his psychiatric issues and get his alcoholism under control he would not be the only one to benefit.
“It can be done, which we all hope, will make the public safer,” he said. “It is clear that Mr. Mattson can be redeemed.”
The hearing is set to resume from June 27 to 29.
