Triple-murder suspect remains under psychiatric care

Triple-murder suspect Dustin Duthie may be fit to stand trial, but he remains in psychiatric care under a mental-health warrant, court heard Wednesday.

Defence counsel Rebecca Snukal told provincial court Judge Gerry Meagher she is awaiting disclosure before determining her next step in Duthie’s case.

Meanwhile, Duthie remains under medical care at the Southern Alberta Forensic Psychiatry Centre, Snukal said.

“I can advise you that Mr. Duthie is fit to stand trial, but he is also certified under the Mental Health Act,” the lawyer said.

Under the Criminal Code, an accused is fit to stand trial if they understand the legal proceedings and can instruct counsel.

A finding of fitness does not preclude a defence of not criminally responsible by reason of a mental disorder.

Duthie, 25, faces three charges of second-degree murder in connection with the deaths in July of his girlfriend, mother and stepfather.

He appeared in court via closedcircuit TV and did not speak during the brief proceeding.

He’s accused of killing his girlfriend, Taylor Toller, his mother, Shawn Boshuck, and stepfather, Alan Pennylegion.

The bodies of all three were discovered in two different locations July 31.

Court documents allege Toller was killed July 25 at a residence in the 2000 block of Applevillage Court S.E., while it’s alleged Boshuck and Pennylegion were murdered the day their bodies were found in their home in the 10100 block of Hidden Valley Drive N.W.

Duthie’s case was called before a justice of the peace Aug. 1, but he was not present.

At the time, court was told he was under preventive suicide watch at the Rockyview General Hospital and could not attend.

Snukal asked that her client’s case return to court Oct. 10, at which time she expects to receive disclosure from Crown prosecutor Shane Parker.

Outside court, she declined to comment on Duthie’s mental condition.

He remains in custody.