Client not psychotic, should be sentenced, lawyer says

Evidence her client took steps to cover up his crime may indicate he wasn’t delusional at the time, a defence lawyer said Thursday.

Alya Nazarali argued provincial court Judge Lloyd Robertson doesn’t have to accept the opinion of psychiatrist Dr. Yuri Metelitsa that her client was suffering a form of psychosis when he wired his neighbours’ door shut and doused it with gasoline.

Crown prosecutor Tara Wells wants Robertson to rule Charles Allan is not criminally responsible by reason of a mental disorder on charges that include two allegations of unlawful confinement for trapping two female neighbours in their apartment.

Wells said the judge should make such a finding and leave Allan’s disposition to an Alberta review board, which could keep him detained as long as he remains a danger.

But Nazarali said it’s open for Robertson to decide Allan showed signs he appreciated the nature and consequences of his actions when he used soap and water on the door in a possible bid to clean off the gasoline.

Nazarali wants Robertson to reject the Crown’s application and proceed to sentencing Allan on the charges for which he’s been found guilty.

But Wells argued Metelitsa’s unchallenged evidence established Allan, 52, was mentally ill at the time he committed the crimes on June 15, 2017.