A Calgary man accused of stabbing his ex-wife and her friend to death appears to be suffering from a mental illness that could become worse over time, according to a forensic psychiatrist who has examined him.
Dr. David Tano told a Calgary court Monday he suspects a neuro-cognitive illness causes Hari Pal to experience short episodes of confusion.
Pal is charged with two counts of second-degree murder for the May 2014 deaths of his estranged wife, Sanjula Devi, and her friend, Fahmida Velji Visram.
The women were stabbed to death at the Pals’ Penbrooke Meadows home.
Despite concerns about the accused’s cognitive abilities, Tano testified he deemed Pal fit to stand to trial Oct. 28, the last day he examined him.
Tano also conceded that’s no guarantee that Pal would be found legally fit on any given day in the future.
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Pal’s defence lawyer, Andre Ouellette, said after the hearing that the diagnosis is problematic.
“The real danger is that you’re fit on one day for trial and then if you’re not the next day, and then you’re fit…how can a judge then say, ‘I will assume that on the times he’s fit, he’s remembered enough to instruct me and to participate actively in the process?’
“And so you can end up with a serious potential mistrial,” Ouellette added.
In the Canadian justice system, an accused is deemed fit to stand trial if he understands the nature of the charges against him, can participate in the court process and instruct counsel.
Concerns about Pal’s fitness were first raised earlier this year.
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At that time a provincial court judge ordered Pal to undergo a 30-day evaluation at the Southern Alberta Forensic Psychiatry Centre, where Tano works.
That delayed the two-week trial scheduled to start on Sept.12.
After the psychiatric evaluation was extended another 30 days, a new trial date of Dec. 4, 2017 was set.
Given the possibility Pal’s condition could get worse, Justice Gerard Hawco stated Monday he would see if an earlier trial date could be set.
The matter returns to court Nov. 18.
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