Richard Froese
South Peace News
A man facing charges of sexual assault remains unfit to stand trial although his status could change in two years.

The matter returned to High Prairie provincial court Feb. 13. The man did not appear in person.

“He was found unfit to stand trial and still found to be unfit,” said Crown prosecutor Petter Hurich.

Given the nature of the charge, and the question of the man’s mental capacity, his name will not be published. He remains under the jurisdiction of the review board of Alberta Health Services under the Mental Health Act, Hurich told court.

“He has to do what the board says,” said the man’s lawyer, Harry Jong.

The man appeared in provincial court Nov. 21 when a forensic report was presented indicating he was unfit to stand trial. Judge D.R. Shykar questioned one statement in a mental assessment report presented in court Oct. 17, that the man is not fit to stand trial.

“The problem is we have an expert who says he is not fit to stand trial, but he might be,” said Judge Shynkar, noting the statements appear contradictory.

The matter was set over to July 8, 2018 to determine if he is considered fit at that time.

Under the Criminal Code, if a person is found unfit to stand trial, the courts shall hold an inquiry not less than two years from the verdict. inquiry would determine if the condition of the accused has improved to make him fit to stand trial.

If the person remains unfit to stand trial, the accused will be acquitted of the charge.