Accused serial rapist who can't speak after stroke should see trial cancelled, his lawyer argues
CBC
The lawyer for a man accused of drugging and raping seven women wants a Calgary judge to call off the trial due to his client's inability to speak, the result of a stroke last spring.
Richard Mantha faces 20 charges, including sexual assault with a weapon, administering noxious substances and kidnapping. The Crown alleges he targeted vulnerable women, mostly from Calgary's sex trade.
Mantha's trial was interrupted, first when he fired his lawyers in February and then again in May after he suffered a stroke while being held at the Calgary Remand Centre.
On Tuesday, defence lawyer Justin Dean — Mantha's third lawyer since his trial began — asked Justice Judith Shriar to reject the findings of the forensic psychiatrist who assessed Mantha and found him fit to stand trial.
A finding of fitness means Mantha understands court proceedings, consequences of a finding of guilt and is able to communicate with his lawyer.
Dean challenged Dr. Reilly Smith's finding that Mantha is able to effectively communicate.
"Mr. Mantha needs to be able to communicate with his counsel in a meaningful way," said Dean.
Smith met with Mantha about 15 times over a two-month period last summer and prepared a 10-page report.
On top of his in-person meetings, Smith testified Tuesday he also used interviews with Mantha's mother and a friend as well as observations of the accused's interactions with nursing staff and fellow patients to make his findings.
Smith testified that although Mantha struggles to speak, he is able to use gestures and writing to communicate.
In his assessment, Smith said he posed questions to Mantha regarding the nature of his charges, and the processes in the courtroom.
Mantha "was able to reliably demonstrate an understanding of those subjects," said Smith.
Although Mantha has expressive aphasia — a struggle with speech — Smith said "aphasia itself does not necessarily preclude fitness."
"I have seen indications of understanding."
Run 3 Space | Play Space Running Game
Traffic Jam 3D | Online Racing Game
Duck Hunt | Play Old Classic Game
Two unique areas of Atlantic Canada recognized for their geological significance five years ago have been cautioned to make changes or risk losing their rare status as UNESCO Global Geoparks — a designation that puts them on bucket lists of people around the world.
While the Nova Scotia government has no plans to regulate a type of lease that's been called a loophole in the province's rent cap legislation, some real estate listings are advertising fixed-term leases as a financial benefit for potential buyers.
A vote on the proposed expansion of the Spruce Lake Industrial Park was delayed again Tuesday night after Saint John council heard the last of 75 people who lined up to speak against the project.
Montreal's public transit authority says it would be important for people to plan ahead when commuting starting next week, as a looming strike promises to severely disrupt its bus and Metro services.
The rapid growth of a massive wildfire in northwestern Manitoba has put yet another threatened community on alert.
An early morning crash on the Sid Buckwold Bridge is skewing the morning commute Wednesday as police investigators shut down the bridge's southbound lane and the 19th Street underpass.
For the second time in a row the Edmonton Oilers are taking on the Florida Panthers in the Stanley Cup final, but are Canadians rallying behind the last remaining team from Canada?
A larger-than-life-size photo of Raghbir Singh Bharowal is plastered on the windows of his Surrey, B.C., immigration consultancy firm. He advertises services to hundreds of thousands of his followers on social media and has even announced plans to expand his business.
With the busy summer tourist season in Niagara Falls, Ont., weeks away, Marineland says it still hasn't decided if it will open this year.
A 71-year-old woman is dead after police say she was hit by a VIA Rail passenger train in the city's east end Tuesday afternoon.
Cliff Buettner was only two days into his retirement when he was called back to help fight Saskatchewan's raging wildfires.
A peer support agency in Thunder Bay, Ont., is relocating its drop-in centre, as it expands its services to include supportive housing on the south side of town.
Doug Ford's government is blaming U.S. tariffs for the expansion of a controversial landfill project in southwestern Ontario — but experts say the conflict should serve as a wake-up call that time is running out to find long-term solutions to the province's rapidly-filling landfills.