Barrhaven killings case could take years in court: experts

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Febrio De-Zoysa, accused of killing six people in Barrhaven earlier this month in the city’s deadliest mass killing, will return to court on Thursday. Legal experts say his case may take years to make its way through the justice system.

Daphne Gilbert, a professor of criminal law at the University of Ottawa, says it could take two to three years.

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There are a “number” of preliminary factors to contend with, including whether or not De-Zoysa, 19, is fit to stand trial, she said.

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“The first thing probably happening is a lot of psychiatric consultation, with whether the accused has a minimum capacity to withstand the trial process,” Gilbert said in a recent interview. “That could, obviously, take a while, and involve multiple consultations with psychiatrists.”

Then, if De-Zoysa is found fit to stand trial, his lawyer could raise a defence of not criminally responsible by reason of a mental disorder, Gilbert said.

The investigation of the March 6 killings could also be lengthy and complicated, she said, determining more about who the accused is, “how he came to be in the house,” and more.

De-Zoysa, who is in protective custody at the Ottawa Carleton Detention Centre on Innes Road, is accused of killing six people — including four children — at a rented Barrhaven townhouse. He had been living with the victims on Berrigan Drive rent-free, and the family had recently helped him celebrate his 19th birthday, family friend and local monk Bhanthe Sumanarathana said in the days following the deadly attack.

The deceased are Darshani Dilanthika Ekanayake, a 35-year-old wife and mother; Inuka Wickramasinghe, seven-year-old son; Ashwini Wickramasinghe, four-year-old daughter;
Ranaya Wickramasinghe, three-year-old daughter; and Kelly Wickramasinghe, two-month-old daughter. Gamini Amarakoon, a 40-year-old family friend, was also killed.

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The lone survivor, Ekanayake’s husband Dhanushka Wickramasinghe, was seriously injured in the attack. He later attended the public funeral for his family with a bandaged hand and badly blackened eye. He will be a key part of the investigation, Gilbert said.

“Presumably, the police are going to want to spend a lot of time talking to him, and he might not be able to do it, or be emotionally ready to do it, for a while,” Gilbert said. “The investigation will proceed somewhat subject to the timeline of him, in particular, to be able to be interviewed.”

De-Zoysa faces six counts of first-degree murder and one count of attempted murder.

None of the charges against De-Zoysa has been proven in court.

Sylvia Rich, a law professor at the University of Ottawa, noted the rule that trials must conclude within 30 months, or 2.5 years, after charges are laid.

In 2016, the Supreme Court of Canada set firm deadlines for cases: 18 months from the date of arrest for cases in provincial and youth court, or 30 months in superior courts.

“On the outside, it should be done 30 months from now,” she said, but she added it could take less time, and De-Zoysa will likely be incarcerated for the duration.

But, she added, “the justice system is slow,” and other complicating factors include a backlog of other cases.

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