The lawyer for a Calgary man accused of raping six vulnerable women has concerns about his client’s ability to communicate despite a psychiatrist’s opinion the 60-year-old is fit to stand trial after suffering a stroke in May.
Richard Mantha appeared in court on Thursday so lawyers could discuss the results of his fitness assessment with Justice Judith Shriar.
Mantha faces 20 charges — including sexual assault with a weapon, kidnapping, forcible confinement and administering noxious substances — in connection with allegations he drugged and raped six women, most of whom worked in Calgary’s sex trade.
In the middle of his trial, which started in January, Mantha fired his lawyers, which paused the process.
Before the trial could resume, Mantha suffered a stroke while being held at the Calgary Remand Centre.
Since June, Mantha has been undergoing an assessment to determine how the stroke may have affected his cognitive capacity.
Mantha walked into the courtroom unassisted on Thursday.
Mantha makes noises, not words
Shriar heard that Dr. Reilly Smith, who authored a 10-page report on Mantha’s condition, found the accused rapist fit to stand trial, which is set to resume in November.
At times through the hearing and on breaks, Mantha addressed the judge and his lawyer, making little trilling-like noises that did not resemble words.
Mantha’s lawyer Marc Crerar flagged concerns about his client’s inability to communicate verbally with counsel and his inability to testify in his own defence.
“That issue needs to be fully explored,” said Crerar.
‘Crown wants to proceed’
Prosecutor Dominique Mathurin urged the judge to allow the trial to continue in November.
“The Crown wants to proceed in presenting its case, and eventually, if we need to stop because of concerns with Mr. Mantha’s ability to testify, we could at that point,” said Mathurin.
“There’s no impairment of his ability to understand what’s going on.”
According to Smith’s findings, Mantha “appears to have found efficient ways to communicate with his peers,” but there are also concerns he’s communicated with remand centre medical staff by writing, “albeit sometimes nonsensically.”
Mathurin indicated she still has 26 witnesses to call, including two alleged victims.
The parties will return to court next month for Crerar to make an application for a fitness hearing.