Case postponed again for man accused of driving bus into Laval daycare, killing two kids

The case of a Quebec man accused of killing two young children by driving a city bus into a Laval daycare was once again postponed Tuesday morning.

Defence lawyer Julien Lesperance Hudon says the prosecution finished disclosing evidence and a one-week preliminary hearing could be scheduled for March or April.

The trial of Pierre Ny St-Amand could take place in the fall of 2024.

“Next fall would be perfect if a trial is taking place,” said Lesperance Hudon.

“We don’t go into the ring just for fun, there’s an objective behind that and if we can avoid to go to trial after that, then yes, that would be one of the objectives.”

St-Amand was arrested after a bus crashed into the front of a daycare in Laval on Feb. 8, killing two four-year-olds and injuring six other children.

The 51-year-old bus driver has been charged with two counts of first-degree murder as well as seven other charges, including attempted murder and aggravated assault.

The accused did not appear in court Tuesday.

BACKGROUND:

• Driver charged with 1st-degree murder after bus crashes into daycare, killing 2 children
• 151 bus resumed its regular route in Laval – seven months after daycare bus attack
• Laval daycare attack bus driver: more time requested for disclosure of evidence, back in court end of Sept.
• Rock garden in memory of four-year-old killed in Laval daycare bus attack

The case, which has been postponed several times, was last in court in August, when the Crown requested more time to disclose evidence.

“Because it’s a very big case, even that delay, the Crown attorney can easily make a petition to the court to say, ‘hey listen, it’s a very complicated case, we need more time,’” said criminal defence lawyer Kwadwo Yeboah, who is not involved with the case.

“For you to get access to a preliminary hearing, it has to be an offence that’s punishable by 14 years, if not, then you cannot get a preliminary hearing. So, in his case, which is life sentence that he’s facing, then yes he is allowed to have a preliminary hearing.”

Pierre Ny St-Amand defence lawyer Julien Lespérance Hudon at the Laval courthouse Sept. 26, 2023. (Martin Daigle, CityNews)

St-Amand’s defence lawyer Lesperance Hudon says he will argue during the upcoming hearing that his client should not face trial, but declined to provide further detail.

The accused is detained at a Montreal psychiatric hospital. An evaluation assessing St-Amand’s mental state at the time of his alleged crimes and whether he should be considered criminally responsible was sealed by a judge in April.

“When they ask for the psychological evaluation, a group of experts will need to determine that this person is not fit to stand trial,” said Yeboah. “And in that case, if it’s determined he’s not fit to stand trial then he will be not criminally responsible. It doesn’t mean he gets to walk out free and walk among us, he will still have to face certain consequences, but instead of being in prison or jail system, he will be in a mental institution.”

St-Amand will return to court for a case management hearing Nov. 29.

“I’ve always said, this case particularly, if it ever goes to trial, it will be a battle of the experts,” said Yeboah.

“Anything can happen. He can be acquitted by a jury… anything can happen during the trial. That is why it’s important for each party to actually use the time to get evidence from both sides.”

– With files from The Canadian Press