Toronto woman loses appeal against stalker for unescorted leave

A Toronto woman is terrified for her safety after losing an appeal to stop the man who attacked her nearly a decade ago from week-long leaves from the Centre for Addiction and Mental Health (CAMH).

Bartosz Gajewski attacked interior designer Katherine Newman outside her home in 2009. Gajewski had worked for Newman as a cabinet installer several years early and had created a delusional belief that she was in love with him.

At the time of the attack, Gajewski had grown suspicious of Newman and felt both she and her father were conspiring against him. Gajewski stalked Newman for several months before attacking her out front of her home, claiming he was attempting a citizens arrest.

When police searched his home they found zip ties, duct tape and other items its believed he intended to use for her kidnapping and capture.

Gajewski was later diagnosed with persecutory delusional disorder and, despite pleading guilty to both charges, was found not criminally responsible for his actions in 2011. He was sent to CAMH for treatment, which he refused for the first few years of his stay.

Last year, Gajewski was given permission to leave the facility for up to 8-hours a day as long as he was accompanied by his mother. The board at CAMH also determined Gajewski was stable enough to increase those outings to up to seven days.

Last month the Crown appealed CAMH’s decision, saying “indirectly supervised or unaccompanied entry into the community for up to seven days is unreasonable because it does not protect public safety.”

However, the appeal board didn’t agree.

“We are not persuaded that allowing Mr. Gajewski unaccompanied access or indirectly supervised entry into the community is unreasonable,” the decision reads.

“Mr. Gajewski’s access to the community is not absolute. His liberty is entirely at the discretion of the hospital, the body that will manage Mr. Gajewski’s risk. Seven days is a maximum, not a minimum period.”

CAMH released the following statement about the board’s decision.

“The Court of Appeal has reviewed the circumstances of this case. It has concluded that the Review Board’s decision to include the possibility of extended indirectly supervised passes in Mr. Gajewski’s disposition was reasonable. CAMH’s position on this matter was set out clearly in its written materials filed with the court, and we will follow the direction of the Court of Appeal.”

Jonathan Rosenthal, a lawyer and friend of the victim, said the board’s decision is shocking and that the effects of the attack continue to haunt Newman.

“She’s shocked. She’s horrified,” Rosenthal said. “She won’t go out alone. If she has to drive from her office to her home and there’s no one to go with her, she’s escorted by a security guard.”

CAMH acknowledged that Gajewski’s mental state had improved since he started taking anti-psychotic medication, but noted that the medication has done very little to change his delusional beliefs toward Newman. However it said that those thoughts no longer impact his life the way they used to.

“How can a medical doctor, a psychiatrist, rely on someone who’s harbouring delusions? Who tried to kidnap someone, who armed himself ready to do it, had been following her for weeks, if not months,” Rosenthal questioned.

“The issue in this case isn’t if he’s going to act out and try to harm Katharine and her father again, the only issue is when.”

The Crown also appealed for the addition of Newman’s father’s name to the existing restraining order, which the appeal board allowed.

Factum of the respondent Bartosz Gajewski by CityNewsToronto on Scribd