A judge has ruled that there is enough evidence for Clayton Matchee to face a court martial in the torture and murder of Somali teenager Shidane Arone in 1992.

But, the judge has once again ruled that Matchee is unfit to stand trial.

Matchee was serving with the Canadian Airborne regiment 12 years ago in Somalia.

After he was implicated in the death of Arone, he tried to commit suicide. The attempt failed, but left Matchee with brain damage.

Maj. Bruce MacGregor, the military prosecutor, agrees Matchee is permanently disabled and thinks a Supreme Court ruling granting a stay of proceedings should apply in Matchee's case. But the military won't drop the charges.

"There are two preconditions before the Supreme Court will entertain an application for a stay. The preconditions are that the person is permanently unfit to stand trial, the second condition is that he poses no threat to the public. Once those two conditions are met then the court will entertain an application for a stay," he said.

Matchee's lawyer says the case is close to an end. The regulation that calls for an automatic military review of Matchee's fitness to stand trial is expected to be changed by next summer.