October 5, 2012
Crown: Accused doctor mentally fit enough for trial
By Kevin Martin, QMI Agency
CALGARY - A former court psychiatrist accused of sexually abusing 10 male patients is no longer the “brilliant” mind he once was, but he is still mentally fit to stand trial, a prosecutor said Friday.
Dr. Alberto Choy, a forensic psychologist with Alberta Hospital in Edmonton, told a Calgary court that while Dr. Aubrey Levin shows signs of dementia, he is not so ill he doesn’t understand the court process.
Levin’s lawyer, Alain Hepner, wants the six-woman, six-man jury to find the accused unfit to stand trial on account of a mental disorder.
But Crown Bill Wister said Levin still has the mental capacity to appreciate the nature of the charges he faces and to instruct his lawyer on possible defences.
“He was able to articulate possible defences (to Choy),” Wister told jurors.
The prosecutor said Levin’s mental capacity has diminished, but not to the point where jurors should rule he no longer can face criminal proceedings.
“This is an individual who was functioning at a high level (before his dementia),” Wister said.
“Even though he’s experienced that cliff drop, he’s still function above that (unfit) level.”
Jurors will hear submissions from Hepner on Tuesday before deliberating on the application.
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