Calgary Herald

Jurors told Kahsai is fit to stand trial for double murder

- KEVIN MARTIN KMartin@postmedia.com On Twitter: @KMartinCou­rts

Double-murder suspect Emanuel Kahsai underwent a psychiatri­c assessment and was found fit to stand trial, jurors were told Friday.

Justice Glen Poelman, who has banished Kahsai to a separate courtroom because of his disruptive behaviour, was responding to a question sent to him by jurors.

Jurors sent a note to Poelman asking whether Kahsai, who is viewing proceeding­s via closedcirc­uit TV, had undergone a forensic examinatio­n.

“The Criminal Code says that an accused is presumed to be fit to stand trial unless the court is satisfied on a balance of probabilit­ies that he is unfit,” Poelman said.

“Before his trial began, Mr. Kahsai was admitted to a forensic facility for an assessment. The forensic psychiatri­st overseeing his assessment gave his opinion that Mr. Kahsai is able to appreciate the nature and quality of his charges.

“He is also able to follow court proceeding­s and to advise counsel. It is therefore my opinion that Mr. Kahsai meets regular criteria for fitness to stand trial,” Poelman said in quoting the doctor.

“I concluded from the informatio­n available to me that there was no basis for displacing the presumptio­n that Mr. Kahsai is fit to stand trial. This is one of those matters, as I explained on our first day, that are within my sole responsibi­lity to deal with.

“Please do not give any more considerat­ion to this issue or allow it to affect your assessment of the evidence,” he said.

While Kahsai has been removed from the courtroom where jurors are presiding over his case, and has been muted, there have been times during his trial, which started Monday, where Poelman has allowed him to question witnesses.

But between guttural sounds and wild gesticulat­ions, Kahsai has failed to ask more than a few relevant questions, forcing Poelman to cut him off.

In his latest outburst on Friday, shortly before court adjourned for the weekend, Kahsai once again failed to ask any questions relating to the case, instead telling jurors they should contact the FBI and the U.S. Army.

He’s charged with first-degree murder in the death of his mother, Selamawit (Selma) Alem, 54, and second-degree murder in the killing of her developmen­tally disabled client, Julie Tran, 25.

Both women’s bodies were found Oct. 19, 2015, in a home in the 200 block of Coventry Close N.E., where they lived.

Meanwhile, jurors were told that while Kahsai will continue to represent himself, Poelman has appointed lawyer Mark Takada as an amicus curae, or friend of the court.

Poelman said Takada’s role will be to help him and jurors.

“Mr. Takada does not represent Mr. Kahsai. When he speaks, or asks questions ... he is doing so as a friend of the court to assist me and assist you.”

Meanwhile, in evidence, Takada questioned Alem’s best friend, Susan Hills, about her feelings about the accused.

The lawyer noted Hills suggested to police the accused may have raped Tran.

“Did you call him a little f----- to the police?” “Probably,” she said.

The trial resumes Monday.

 ?? JIM WELLS/FILES ?? Emanuel Kahsai is escorted by Calgary police detectives in November, 2015 after being arrested in the murder of his mother and another woman. His trial is currently underway and he is representi­ng himself.
JIM WELLS/FILES Emanuel Kahsai is escorted by Calgary police detectives in November, 2015 after being arrested in the murder of his mother and another woman. His trial is currently underway and he is representi­ng himself.

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