The defence and Crown have rested their cases in the trial of a man accused of stabbing another man to death during a fight outside a downtown Vancouver Starbucks three years ago. Inderdeep Singh Gosal faces one count of second-degree murder. He does not deny killing Paul Schmidt, but his defence has asked the judge to consider a finding of manslaughter. At the beginning of the trial, the Crown said proving Gosal intended to kill Schmidt would be the primary issue in the case. The two men did not know each other when they got into a verbal altercation as Gosal smoked a cigar on the Starbucks patio. Gosal testified the cigar may have also contained cannabis. CCTV played in court shows Schmidt approaching Gosal before the two begin to fight. Schmidt would die as a result of six stab wounds to the neck, chest and abdomen. Gosal’s mental health when the killing happened on March 26, 2023, has been the focus of much of the testimony and evidence at the trial. The defence called Dr. Johann Brink, a forensic psychiatrist, as an expert witness. After examining medical records and interviewing Gosal and a member of his family, Brink said he believes Gosal suffers from schizophrenia and experiences paranoid delusions. The Crown called Dr. Rakesh Lamba, also a forensic psychiatrist, as a rebuttal witness. He also diagnosed Gosal with schizophrenia—but questioned whether it played a role in the killing. “In my mind, the likely explanation here is that Mr. Gosal would like to point to a psychiatric explanation for his behavior,” Lamba testified, before adding it would ultimately be up to the court to decide if that were true. B.C. Supreme Court Justice Kathleen Ker will weigh the evidence of both experts, but at the end of the day, the defence only needs to create reasonable doubt about whether Gosal intended to kill Schmidt. “In a case like this, the burden of proof always rests with the Crown. It does not shift to the defence at any point,” said criminal defence lawyer Sarah Leamon, who is not involved in the case. “The burden of proof here is the highest burden at law, which is proof beyond a reasonable doubt.” Closing arguments are set for two days in May, and then then it will be up to Ker to decide Gosal’s fate.
