Autism only diagnosis at play in van attack, lawyer says as defence case begins

Autism is the only diagnosis at play in the defence of a man who has asked to be found not criminally responsible for killing 10 people in a van attack in Toronto, court heard Monday.

Alek Minassian, 28, has pleaded not guilty to 10 counts of first-degree murder and 16 counts of attempted murder in connection with the April 23, 2018 attack.

Minassian's father testified Monday that his son had no history of violence and had not acted out since when he was a toddler.

Vahe Minassian said he was in disbelief when he found out his son was the man behind the wheel of the van that ran over more than two dozen people.

"The best chance of this happening is being struck by lightning on a sunny day, perhaps twice," Vahe Minassian told the virtual trial.

Minassian has already admitted in court to planning and carrying out the attack so the case will turn solely on his state of mind at the time.

Seeking a not-criminally-responsible finding means the defence lawyers must prove beyond a balance of probabilities that it's more likely than not that Minassian had a mental disorder that impacted his actions to the extent that he didn't understand what he was doing was wrong.

Defence deems case 'quite unusual'

"This case is quite unusual, your honour," Minassian's lawyer, Boris Bytensky, said in his opening remarks as he addressed Justice Anne Molloy, who is presiding over the case without a jury.

"The sole relevant diagnosis is autism spectrum disorder, or sometimes referred to as autism."

Autism is not commonly litigated in not-criminally-responsible defences, he said.

"He is not a psychopath, he's not narcissistic, doesn't suffer from anti-social disorder and I'll expect you to hear he isn't a malingerer or faking his symptoms," Bytensky said.

Autism is a neurological condition that affects how the brain functions.

People with autism may find it hard to connect with others, sometimes have difficulty communicating, repeat certain patterns of behaviour, and show interest in a limited number of activities, according to Autism Canada.

Numerous autism groups have said those with autism are far more likely to be on the receiving end of bullying and violence than inflicting it.

On the morning of April 23, 2018, Vahe Minassian said he drove his son to a Starbucks where he was meeting with a friend. There was nothing unusual about Alek that morning, Vahe Minassian testified.

Last week, court heard that was a ruse. After his father dropped him off, Minassian walked four kilometres to a Ryder rental location to pick up a cargo van he had booked several weeks prior.

The elder Minassian said later that day York Regional Police officers pulled him over and asked him to go with them to the station to speak to Toronto police "higher ups."

He was told they were investigating "an accident that involved a rented car and the person had used our address."

It appeared they were talking about a big accident with several people taken to hospital, he said.

'How is this even possible?' fatherasked himself

After the police interview, he searched on his phone and came across an article with a video of a man being arrested.

"I read a little and clicked on the link and there was a video," Vahe Minassian said as he cried and took deep breaths to compose himself.

"It was a video of my son being arrested by police. I also saw another video where he was pointing his hand to police and the police officer was giving him instructions to put his hands up."

Alek Minassian did not react as he watched his father cry on the stand.

"I was in a complete state of shock and confusion," Vahe Minassian said. "I could not understand, I kept asking myself, how is this even possible?"

Vahe Minassian said his son was diagnosed with pervasive developmental disorder now considered under the umbrella of autism spectrum disorder around the age of five.

He was strong in some subjects like science and math he could add or subtract three-digit numbers in his head instantly in kindergarten. But he struggled with most other subjects and especially had a hard time socially, Vahe Minassian said.

He said his son was often teased at school, but didn't appear to be affected by it.

Court heard last week that a psychiatrist hired by the defence found Minassian had an "autistic way of thinking" that was similar to psychosis.