Mantha, 60, suffered a stroke in May while in custody at the Calgary Remand Centre awaiting the continuation of his trial in November
Doctors need more time to determine if the major stroke suffered by serial rape suspect Richard Mantha has rendered him unfit to stand trial, court was told Thursday.
Crown prosecutor Dominique Mathurin told Justice Judith Shriar that Dr. Ken Hashman sent a letter to the court indicating Mantha’s fitness assessment had not yet been completed.
Mathurin said the matter was in court to find out the results of the tests by doctors at the Southern Alberta Forensic Psychiatry Centre.
“We don’t have it (yet). We did receive a letter from Dr. Hashman asking for an extension,” she told the Calgary Court of Justice judge.
“He did say once we get an extension this matter will be prioritized.”
Shriar noted Hashman proposed giving doctors until Aug. 6 to complete their testing, which would mark the maximum 60 days allowed under the Criminal Code for psychiatric remands.
Defence counsel Marc Crarer agreed that leaving his client at the secure medical facility until then would be the ideal solution.
Last month Crarer asked Shriar to order the assessment, noting his client was hospitalized under the care of a neurologist.
“Mr. Mantha remains in the hospital,” he said during a June 7 court appearance.
Crarer said he had not been able to have discussions with the neurologist to determine his client’s prognosis.
Shriar agreed testing was warranted given concerns Crarer expressed about communicating with his client.
Mantha facing 20 charges
Mantha, 60, suffered a stroke in May while in custody at the Calgary Remand Centre awaiting the continuation of his trial in November.
He faces 20 charges involving allegations he sexually abused seven women, allegedly drugging six of them. He also faces a charge of kidnapping one of the women.
His trial was derailed at the end of January when he fired his two Francophone lawyers.
Up until that time Mantha had elected to be tried in his mother tongue, but indicated he was willing to resume the case in English only because Crarer, who is bilingual, didn’t feel he was proficient enough in French to conduct a legal hearing.
At the time of the January adjournment court had already heard from four women and Mathurin had indicated a fifth complainant was ready to take the witness stand.
Under the Criminal Code an individual can’t stand trial if they don’t understand the legal process and can’t communicate with counsel.
If Mantha is determined to be unfit, his trial would be put on hold until he is deemed fit.
The Alberta Review Board can also recommend to a judge that charges be stayed if an accused is unlikely to ever recover and they don’t post a significant risk to the public.