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."
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