Calgary

Accused serial rapist found fit to stand trial despite inability to speak following stroke

A Calgary judge ruled Friday that accused serial rapist Richard Mantha is fit to stand trial despite his inability to speak following a stroke last year.

Richard Mantha suffered brain injury in May, faces 20 charges involving 7 women

A man wearing a leather jacket sits on a motorcycyle.
Richard Mantha, 60, is accused of drugging and raping seven women. His trial is set to resume in May after delays due to change of counsel and a stroke suffered by the accused. (Richard Mantha/Facebook)

A Calgary judge ruled Friday that accused serial rapist Richard Mantha is fit to stand trial despite his inability to speak following a stroke last year. 

In May, while awaiting the second half of his trial to resume, Richard Mantha, 60, suffered a stroke, the effects of which have severely impaired his ability to speak and communicate. 

Mantha, who faces 20 charges, is accused of victimizing seven women, most of whom he met through their work in Calgary's sex trade. 

He is alleged to have drugged and raped the women, some of whom he is also accused of kidnapping. 

Justice Judith Shriar ruled on Friday that Mantha "is still able to participate meaningfully" in his trial despite his "obvious difficulty with verbal expression."

Last January, Mantha was mid-trial when he fired his lawyers.

The trial was scheduled to continue in November but Mantha suffered a stroke in May. 

Proceedings were delayed again when Mantha fired his second lawyer. 

Based on his post-stroke challenges, the court ordered a psychiatric report to determine if Mantha was fit to stand trial.  

Forensic psychiatrist testifies

In a report prepared for the court, Dr. Reilly Smith provided an opinion that Mantha is fit.

But Mantha's latest lawyer, Justin Dean, asked the judge for a fitness hearing so he could question the forensic psychiatrist.

Dean identified concerns that Mantha's inability to speak impaired his ability to instruct counsel. 

The defence lawyer asked Shriar to reject Smith's findings and make a ruling that Mantha is unfit to stand trial. 

The fitness hearing took place last week and included testimony from Smith. 

Court heard that over the summer, Smith assessed Mantha at the Southern Alberta Forensic Psychiatry Centre, meeting with him 15 times over a two-month period.  

Mantha able to demonstrate he understands

Smith found that despite difficulties speaking, Mantha is able to use gestures and writing to communicate.

In his testimony, Smith told the court that he posed questions to Mantha regarding the nature of his charges, and the processes in the courtroom. 

Smith said Mantha "was able to reliably demonstrate an understanding of those subjects."

Court also heard evidence that neuroimaging of Mantha's brain showed stroke damage in the area responsible for speech production but not in the area associated with speech comprehension.

In her finding of fitness Friday, Justice Shriar also noted there have been several instances where Mantha has been able to communicate his needs to the court. 

The trial is scheduled to continue in May.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.