A psychiatric report has found a man accused of kidnapping and sexually assaulting six women east of Calgary is fit to stand trial, but his lawyer wants the court to order another hearing before the long-delayed matter resumes.
Richard Robert Mantha faces 20 charges that include kidnapping, threats causing bodily harm, sexual assault with a weapon and administering a noxious substance on the women, most of whom worked in Calgary’s sex trade.
The 60-year-old has pleaded not guilty.
Most of the alleged offences occurred at a rural property east of Calgary.
His trial began in January but was delayed after he fired his two lawyers.
Mantha suffered a stroke in May while in custody waiting for his trial to resume on Nov. 18.
An assessment was ordered to allow a forensic psychiatrist to determine how the stroke may have affected his cognitive capacity.
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A letter from forensic psychiatrist Dr. Reilly Smith said that Mantha is fit to stand trial and even though he has severely reduced verbal skills is able to communicate by writing.
“You’re saying the letter, report, the assessment gives rise to concerns…you challenge the conclusion that Mr. Mantha is fit for trial?” Justice Judith Shriar asked Mantha’s lawyer Marc Crerar Thursday.
“You say there are sufficient grounds raised by the report prepared by Dr. Smith to grant an application of the accused to order a hearing on this?”
“Obviously that’s the conclusion provided. I respectfully submit the court should be in a position or should have concerns after reviewing, just briefly, the report,” Crerar replied.
“I think there’s some serious concern with respect to not only the ability to communicate with counsel. There has to be some serious concerns with respect to the prospect of Mr. Mantha taking the stand in his own defence.”
Prosecutor Dominique Mathurin wants the trial to resume in November.
“There is indication that he understands what’s going on and could potentially communicate to his counsel in writing,” she said.
“That would be the position of the Crown considering the fact that there’s no impairment of his ability to understand what’s going on.”
Shriar said she will hear the application from Crerar and a response from the Crown regarding a fitness hearing Oct. 15.
© 2024 The Canadian Press
