Psychiatrist charged with sexual assault mentally unfit to stand trial, court hears

A clinical psychologist has concluded that former Calgary forensic psychiatrist Dr. Aubrey Levin is mentally unfit to stand trial on allegedly sexually assaulting 10 patients and could not participate in contributing to his defence.

Dr. Charl De Wet says Levin has dementia and is below average in general cognitive functioning, general cognitive proficiency, information processing accuracy, memory, spacial processing and reaction time; is low average in information processing speed and attention mental control; and average in reasoning and calculation.

“It tells me this individual functions at a very low level cognitively,” De Wet told defence lawyer Alain Hepner. “Therefore, he’d find it very difficult to communicate effectively with his counsel.

“From my perspective, the capacity to relate to his lawyer is affected – the capacity to plan legal strategy is affected because, as we’ve heard, his memory is full of holes. To engage in his own defence in a very busy courtroom would be almost impossible for him. And to (assist counsel to) challenge prosecution witnesses would be also something I think he would be unable to do.”

A jury must decide Levin is mentally fit before he can go to trial, which would begin next week before Court of Queen’s Bench Justice Donna Shelley with a separate jury

Under cross-examination, De Wet agreed with Crown prosecutor Bill Wister that Levin is in the early stages of dementia and that his low cognitive level is really no different than many other accused who are below or low average and go through the court system on a daily basis.

“I don’t think he’s different,” De Wet agreed.

De Wet also acknowledged that he agreed with Wister’s suggestion that it is a “travesty of justice” that all the other below and low average accused are prosecuted for their crimes.

“If they are below average, yes,” De Wet said.

As well, De Wet acknowledged that Levin is not at the level of dementia in which he requires 100 per cent care and must be placed in a care facility, as he still lives at home with his wife.

De Wet was the final witness for the defence in the mental fitness hearing.

Wister and co-Crown Dallas Sopko will call Dr. Alberto Choy this afternoon as the final witness of the hearing.

Lawyers will then make their final submissions to the jury.

Shelley is expected to give her final instructions to the jury next Tuesday.

If Levin is found fit, the trial would start the following day after their decision.