INTENT TO COMMIT MURDER UNLIKELY: REPORT

A Saskatchewan psychiatrist says when convicted murderer Kim Joseph
Walker fired 10 shots at his daughter's drug dealer boyfriend, hitting
him five times, the Yorkton father likely didn't intend to kill his
victim.

In a report filed with the Saskatchewan Court of Appeal as part of
Walker's bid to overturn his second-degree murder conviction, Dr.
Robin Menzies said Walker was in a "dissociative state" -- an abnormal
state of consciousness -- when he killed Jason Hayward on March 17,
2003. Released from a psychiatric ward that day, Walker's then
16-year-old, morphine-addicted daughter Jadah returned to Hayward, her
live-in boyfriend and fellow addict who supplied her drugs.

Upon learning of her return, Walker took a pistol and 30 rounds of
ammunition from his basement, drove to Hayward's house, pushed his
daughter out of the way, and fired at the 24-year-old man.

"During such a state, it is quite likely that Walker did not form any
specific intent to kill the victim," Menzies said in his report. To be
convicted of murder, an accused must have intended to cause death or
to cause bodily harm, knowing it is likely to cause death

Menzies' report is part of a "fresh evidence" application defence
lawyer Balfour Der hopes will help get Walker a new trial.

The Crown takes issue with the report and was allowed to cross-examine
Menzies before the appeal court Wednesday. The full appeal arguments,
including whether or not the new evidence will be admitted, will be
heard at a date still to be set.

For three and a half hours, director of appeals Dean Sinclair grilled
Menzies, a Saskatoon psychiatrist who has testified for both the Crown
and defence in several high-profile cases.

Convicted by a jury in January 2007, Walker, 52, is currently serving
a life sentence without parole eligibility for 10 years.

Menzies said Walker's dissociative state was triggered upon learning
Jadah had returned to Hayward, coupled with a phone call in which
Hayward allegedly told Walker he would "make (Jadah) disappear."

The doctor said Walker's mental state is reflected in his having only
"flashes" of memory of the shooting. He also told Menzies he felt
"numb, detached. It was like a movie, sort of" when he got to the
victim's house.

But Sinclair wondered how Menzies could be certain Walker wasn't lying
about his amnesia. Menzies said Walker's account had a "ring of
authenticity." His opinion was based on two interviews with Walker, an
interview with his wife, and a review of documents supplied by the
defence.

But Sinclair suggested Menzies had an incomplete picture. For example,
the doctor didn't have a police statement in which Jadah stated that
before shooting Hayward, her father said: "This is so you can't kill
my daughter." After the shooting, Walker said, "I'm insane. I'm
insane," Jadah told police.

Sinclair also noted a few days before the killing, a witness heard
Walker say "he would just love to blow James's head off," and Walker's
wife respond, "just plead insanity."

Menzies said to suggest someone would deliberately tell a witness he
was going to claim insanity, not actually use the defence at trial,
sit in a prison for three years, then only raise a mental health issue
on appeal -- "that's insane."

Questioned repeatedly about details from the case, Menzies said more
information is helpful, but his opinion is unchanged.

"It's still my opinion. None of us will ever know if Walker is lying,"
he said.