Former daycare owner facing assault charges unfit to stand trial, says Fredericton doctor

The Fredericton doctor who assessed a former daycare owner accused of assaulting children said on Tuesday she is unfit to stand trial.

Dr. Obioma Ozumba told the court that Mary Jana McCormack, 33, displayed "cognitive difficulties" which kept her from understanding court proceedings and consequences, demonstrating that knowledge, and making decisions.

Ozumba said McCormack displayed fits of distress during a nearly three-hour interview with him. He said she was anxious, hyperventilating and incoherent.

Judge Mary Jane Richards has not yet made a decision on McCormack's fitness to stand trial.

• Ex-daycare owner's trial on charges of assaulting children adjourned 
• Former daycare owner pleads not guilty to assault charges involving 6 kids

McCormack pleaded not guilty to eight charges of assault involving six different children who attended her child-care centre in Harvey Station.

She was scheduled to begin a three-day trial in Fredericton provincial court on June 21, when defence lawyer George Kalinowski requested she be sent for a mental health assessment.

Being unfit to stand trial means the accused it unable to understand the nature and consequences of the proceedings and to properly communicate with counsel.

Seen jogging, socializing in the community

McCormack was arrested last July and charged in November after a five-month investigation into allegations of assault, RCMP have said.

She used to operate Laugh & Learn Children's Centre in Harvey Station, about 40 kilometres southwest of Fredericton, but the daycare no longer has a licence to operate.

Mental health disorders are dynamic, not static.- Dr. Obioma Ozumba

Dressed in a blue dress and sunglasses on Tuesday, McCormack sat at the front of the courtroom beside her parents.

McCormack's medical history showed she suffers from anxiety and depression and takes medication for both.

Ozumba said McCormack claimed to have experienced severe social distress in the last few months within her community, as well as decreased interest in the things she enjoys, such as going for runs.

Seven witnesses from the community also gave testimonies before the court on Tuesday.

They described McCormack as seeming "normal," often seen jogging, walking her two dogs, chatting at the post office and driving around with her boyfriend.

Ozumba said the contradictory statements are a prime example of an instance of poor mental health.

"Mental health disorders are dynamic, not static," he said.

"The way somebody presents themselves … can change. I would expect that based on my diagnosis."

When asked what it would take for McCormack to be deemed fit to stand trial, Ozumba said she will need a combination of psychotropic drugs, a chemical substance that changes brain function, and cognitive behavioural therapy.

She may also need more breaks and other accommodations others would not during a trial, he said.

Judge Richards adjourned court proceedings before attorneys could give their final arguments.

The remainder of the fitness hearing is set for 1:30 p.m. on Sept. 15.