Triple-mur­der sus­pect re­mains un­der psy­chi­atric care

Calgary Herald - - CITY + REGION - KEVIN MARTIN [email protected] Twit­ter: @KMart­inCourts

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.


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