Judge to rule Nov. 18 on parole eligibility for Richard Henry Bain

MONTREAL -- Richard Henry Bain delivered his "sincerest apologies" Friday as a judge heard clashing arguments about how long the convicted Quebec 2012 election shooter should spend jailed before being eligible for parole.

Prosecutor Dennis Galiatsatos called for Bain to serve the maximum 25 years before parole eligibility kicks in, while defence lawyer Alan Guttman countered with the minimum of 10 years.

Bain's second-degree murder conviction carries a sentence of life imprisonment, but parole eligibility can range between 10 and 25 years.

Quebec Superior Court Justice Guy Cournoyer will rule Nov. 18.

A jury convicted Bain last month in the slaying of lightning technician Denis Blanchette outside the Metropolis nightclub on Sept. 4, 2012.

He was also found guilty of three counts of attempted murder.

Bain, who turned 66 this week, briefly rose in the prisoner's box to apologize to the victims -- friends of Blanchette who were also outside the Metropolis as Parti Quebecois premier-designate Pauline Marois was inside speaking to supporters.

"I can just imagine the grief they've gone through," Bain said in a low voice. "It's just a terrible, terrible tragedy.

"My sincerest apologies," he concluded in French and English.

Galiatsatos told the court the number of victims targeted -- inside and outside the club -- could have counted in the hundreds and put the case "light years away from others." That, along with the political motive, warrants the maximum, he argued.

Galiatsatos said a lengthy spell behind bars is justified and that, if the death toll wasn't higher that night, it was more the result of "happenstance" and quick police action.

"He committed his shooting at a political rally on election night no less," the prosecutor told Cournoyer. "The attack on democracy itself justifies a 25-year term and takes us away from the comparables."

Speaking to reporters later, Galiatsatos said his recommendation is warranted even though he acknowledged that, statistically, it's unusual for the Crown to solicit a maximum sentence.

"This is the worst possible second-degree murder that could have been committed under Canadian law and, for that reason, I'm very comfortable asking for the maximum term," Galiatsatos said. "If this isn't one of them, I would have trouble finding one that would be."

Guttman said the Crown, in asking for 25 years, was unhappy with the jury's verdict and is trying to get what he wanted -- a first-degree murder sentence.

Guttman argued for parole eligibility to be set at the 10-year minimum, adding Bain's age and mental illness should be considered.

That sentence would mirror one given to Denis Lortie, the ex-Canadian Forces member who killed three government employees and wounded 13 other people when he stormed the Quebec legislature with several firearms in 1984.

"This is the only case that would come close to Mr. Bain's," Guttman said. "Denis Lortie was a very sick man, he did not like the government. He went to the national assembly in 1984 with the idea of killing as many MNAs (members) as possible."

Lortie was found guilty of first-degree murder but had the conviction overturned. Granted a new trial, he pleaded guilty to second-degree murder and was not eligible for parole for at least 10 years.

The Crown presented five witnesses Friday -- four of Blanchette's colleagues and his sister, who delivered an impact statement written in the voice of her deceased brother.

Blanchette, 48, left behind a daughter who is now eight. Diane Blanchette's statement channelled her brother.

"You took away my life, my right to live," she told Bain. "You took away my right to be a father, which I valued most in the world."

Bain sat impassively and Guttman later explained that anti-psychotic medication leaves his client largely numb.

Jonathan Dube, a colleague of Blanchette's, said he hopes Bain will "burn in hell for an eternity" for his crime.

All of Blanchette's colleagues described having to still deal with fallout from the shooting: psychological issues, post-traumatic stress and guilt at having survived.

"It is the first day of the rest of our lives as I will finally be able to turn to another chapter," Dube said.

"For you, it will be the first day of the rest of your sentence, which will never be long enough to erase your despicable actions."