Machete attack suspect does not qualify for mental health defense

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The son of a Calgary police officer charged with a random machete attack in the city’s downtown core is not eligible for a mental illness defense, his lawyer said in court on Friday.

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Defense attorney Adriano Iovinelli said a report by Dr Yuri Metelitsa indicated that tests performed at the Southern Alberta Forensic Psychiatry Center determined that Connor Dery was not eligible for a not criminally responsible defense due to ‘a mental disorder.

“The case is here today for the purpose of receiving a report regarding section 16 of the Criminal Code,” Iovinelli said, as his client appeared by telephone.

“Dr. Metelitsa felt that section 16 is not applicable, or that it does not meet the criteria of section 16,” said Iovinelli.

Article 16 of the code stipulates that no one is criminally responsible for an alleged offense “while suffering from a mental disorder which renders him incapable of appreciating the nature and quality of the act … or of knowing that he was reprehensible ”.

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Dery, 25, had previously undergone other psychiatric tests which determined he was fit to stand trial, meaning he understands the nature of the legal proceedings against him and can properly instruct a lawyer.

“He’s in good shape and Section 16 doesn’t apply,” Iovinelli said.

The lawyer asked Provincial Court Judge Bruce Fraser to adjourn the case for a week to determine if further charges could be laid against his client and to explore the possibility of coming up with a potential release plan for Dery. , who remains in detention.

Dery faces charges of aggravated assault and carrying a concealed weapon in connection with an early morning attack at 4th Street SW CTrain station on October 15th.

Two other similar ones attacks in the same area that morning stay under investigation by Calgary Police.

In a previous appearance, Iovinelli noted that Dery suffered a frontal lobe injury when he was 12, which may have impacted his mental health.

KMartin@postmedia.com

On Twitter: @KMartinCourts

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