Accused in student killing ruled unfit to stand trial
Court told Gabriel Klein hears voices, thinks the CIA after him
A schizophrenic man accused of murdering a high school student in Abbotsford may never be well enough for the court case to go ahead, his lawyer says.
Justice Heather Holmes, of the B.C. Supreme Court, ruled Friday that Gabriel Klein is unfit to stand trial because of his mental state.
Klein is accused of the second-degree murder of 13-year-old Letisha Reimer and the aggravated assault of another Grade 9 student, attacked in the lobby of Abbotsford Senior Secondary in November 2016.
Klein’s psychiatrist, Dr. Marcel Hediger, told the court earlier this week that his patient is actively psychotic, reports hearing voices and at times his disordered thinking may make him unfit to stand trial.
Holmes said she took that testimony into account when making her decision.
“Mr. Klein has a right to be present during the entirety of the trial. This requires more than just physical presence.” The judge said Klein would also need to be able to follow the proceedings and communicate with his lawyer.
Crown lawyer Rob Macgowan told the judge on Thursday that if the court accepts evidence establishing there are times Klein isn’t fit for tri- al, then the Crown was not opposed.
Outside of court Friday, Klein’s lawyer, Martin Peters, said he is not confident that the case will ever reach trial.
“He may be found permanently unfit,” Peters said, noting that if that were to happen, charges would be stayed and his client would remain in custody.
For now, Klein has been sent back to the Forensic Psychiatric Hospital in Coquitlam, where he has been admitted four times since his arrest in November 2016. His current treatment began in August 2017.
The B.C. Review Board will re-evaluate Klein’s mental fitness within 90 days. If the board determines he’s fit at that time, he’ll be returned to court for another fitness hearing.
Hediger testified that Klein thinks the CIA is following him and that correctional staff are trying to poison him through his medication.
Klein’s trial had been set to start May 7. Peters said his defence team would have pursued a verdict of not criminally responsible by reason of mental disorder.