Accused serial rapist who can't speak after stroke should see trial cancelled, his lawyer argues

The lawyer for a man accused of drugging and raping seven women wants a Calgary judge to call off the trial due to his client's inability to speak, the result of a stroke last spring.

Richard Mantha faces 20 charges, including sexual assault with a weapon, administering noxious substances and kidnapping. The Crown alleges he targeted vulnerable women, mostly from Calgary's sex trade. 

Mantha's trial was interrupted, first when he fired his lawyers in February and then again in May after he suffered a stroke while being held at the Calgary Remand Centre. 

On Tuesday, defence lawyer Justin Dean — Mantha's third lawyer since his trial began — asked Justice Judith Shriar to reject the findings of the forensic psychiatrist who assessed Mantha and found him fit to stand trial.

• Accused serial rapist Richard Mantha can't speak but can stand trial, doctor finds

A finding of fitness means Mantha understands court proceedings, consequences of a finding of guilt and is able to communicate with his lawyer. 

Dean challenged Dr. Reilly Smith's finding that Mantha is able to effectively communicate. 

"Mr. Mantha needs to be able to communicate with his counsel in a meaningful way," said Dean. 

'Expressive aphasia'

Smith met with Mantha about 15 times over a two-month period last summer and prepared a 10-page report.

On top of his in-person meetings, Smith testified Tuesday he also used interviews with Mantha's mother and a friend as well as observations of the accused's interactions with nursing staff and fellow patients to make his findings. 

Smith testified that although Mantha struggles to speak, he is able to use gestures and writing to communicate.

In his assessment, Smith said he posed questions to Mantha regarding the nature of his charges, and the processes in the courtroom. 

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

'Indications of understanding'

Although Mantha has expressive aphasia — a struggle with speech — Smith said "aphasia itself does not necessarily preclude fitness."

"I have seen indications of understanding."

"When he wanted or needed something, he was relatively effective in communicating those needs to staff and making his needs and desires known," said Smith. 

Dean also raised concerns that Mantha is unable to receive and understand information, but Smith testified he hadn't seen any evidence of compromise in those abilities.  

In fact, court heard 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 the interests of justice'

Dean also argued that Mantha is not able to get proper post-stroke treatment while in custody. 

"It is in the interests of justice to ensure Mr. Mantha has the opportunity to see if rehabilitation is possible," said Dean.

The defence lawyer suggested that Mantha's trial could be resurrected in the future if he is able to make headway with speech rehabilitation. 

But prosecutor Dominique Mathurin argued the only evidence presented at Tuesday's hearing was the testimony of the psychiatrist, whose opinion is that Mantha is fit to stand trial. 

She also pointed out that in October, Mantha was able to communicate to the court his intention to change lawyers. 

The trial is set to continue in May.

Mathurin indicated she still has 26 witnesses to call, including two alleged victims. 

Justice Shriar will issue her decision next week.