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The Calgary-area senior facing an attempted murder charge in the stabbing of her husband is unfit to stand trial due to dementia, her lawyer told court Thursday.
And defence counsel Adriano Iovinelli said unlike some accused who can become fit at a later date due to medication, Rhonda Campbell will never be able to face prosecution.
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“Because of the unique situation, this is not going to improve,” he said, referring to Campbell’s long-term prognosis.
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Iovinelli said the main concern for himself and Campbell’s family, six of whom attended court, was to get her out of custody.
She is currently being held at the Southern Alberta Forensic Psychiatry Centre.
“My client’s family is in the body of the courtroom to show support,” Iovinelli said.
At one point Campbell, 73, sitting in the courtroom prisoner’s box, could be seen blowing kisses to her relatives.
Iovinelli said psychiatrist Dr. David Tano has not completed a report on Campbell’s mental health, but has indicated her dementia has made her incapable of understanding the legal proceedings or instructing counsel.
“He has opined that Ms. Campbell is not fit,” the lawyer told Justice Bruce Fraser.
“We do not want Ms. Campbell to be in custody … (this is) a very unique set of circumstances.”
Iovinelli said he has been in talks with Crown prosecutor Vince Pingitore about finding a way to properly resolve his client’s case and potentially get her out of custody.
“The question is how do we achieve that whether it’s under … the Mental Health Act or under NCR,” he said, referring to the Criminal Code finding of not criminally responsible due to a mental disorder.
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Campbell was sent for a fitness assessment on Feb. 5, which had to be extended on March 4, because on her initial admission to SAFPC he had COVID, Iovinelli said.
He read in court an excerpt from a letter Tano sent to Calgary Court of Justice.
“It is my opinion Ms. Campbell does not fulfill the medical requirement for fitness to stand trial,” Iovinelli said, quoting from the doctor’s note.
He also indicated Tano wished that Campbell be returned to SAFPC following her court appearance.
Fraser asked how he could have the authority to send her anywhere but to remand, but Crown prosecutor Achilles Grobler indicated the accused has been certified under the Mental Health Act, allowing for her continued detention at the medical facility.
Iovinelli asked that Campbell be returned to court on April 10, when it’s hoped he and Pingitore will have been able to resolve issues surrounding the case.
Campbell, who was living with her husband Dwight in the Springbank area west of Calgary, is accused of attempting to kill him.
X: @KMartinCourts
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