Suspect with mental disorders ruled fit to stand trial for murder

A year ago, a judge found murder suspect Vincent Fong unfit to stand trial, noting the Calgary man wasn’t even aware his alleged victim, his father, was dead.

But Fong is now back before the courts after an Alberta Review Board panel ruled he now has the capacity to understand the legal process.

Defence counsel Ben Leung appeared in provincial court on Friday and informed Judge Catherine Skene that his client has been deemed fit to stand trial.

“At an Alberta Review Board hearing at the beginning of May this year, he was found fit … by a majority of the panel,” Leung told Skene.

Leung asked Skene to schedule a new judicial hearing for July 20, so a Calgary judge can determine if he meets the legal requirement for a finding of fitness to stand trial.

Under the Criminal Code, a person is unfit to stand trial if they suffer a mental disorder that renders them incapable of conducting a defence at any portion of the proceedings, or unable to instruct counsel.

But the legislation says that, where a person is subsequently found fit, their prosecution can proceed.

On May 24, 2019, after hearing evidence from psychiatrist Dr. David Tano, provincial court Judge Bruce Fraser found Fong unfit, noting the doctor said the accused suffers from a host of mental illnesses and has limited cognitive functioning.

“Although he understands the charge, he does not understand the concept of death and inquires of his mother if his dad, the victim, is recovering and if he is still home,” Fraser said.

Fong, 37, was arrested Jan. 9, 2019, and charged with second-degree murder in connection with the death that day of his father, Shu Kwan Fong.

In finding Vincent Fong met the legal definition of unfit to stand trial, Fraser reviewed Tano’s assessment of the Calgary man.

“Dr. Tano diagnosed the accused as having cognitive deficits in combination with his autistic spectrum disorder and obsessive-compulsive disorder,” the judge said.

“In addition, he may have a psychotic disorder, given his other disorders and he’s been diagnosed in the past with attention deficit disorder.”

The judge sent the case to the Alberta Review Board and in June 2019 a panel agreed he was unfit.

But since then, Fong has undergone further assessments by Dr. Oluyemisi Ajeh in January, February

and April, the board noted in its decision to find Fong is now fit.

“He was aware that he had a matter in court and indicated when his next court date was scheduled,” the board said in a 4-1 decision to return him to the court process.

“He recounted what his charges were and the effect of his actions resulting in charges. He knew what the role of the lawyer was in court, including the lawyer representing him and the lawyer representing the Crown,” the board said.

“He differentiated between guilty and not guilty and the consequences of being found guilty or not guilty.”

Fong remains under psychiatric care pending his next court date.

He differentiated between guilty and not guilty and the consequences of being found guilty or not guilty.