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Psychological well being exams have been ordered on a Sundre homicide suspect to find out if he was not criminally accountable (NCR) on the time of the homicide.
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Protection lawyer Pawel Milczarek appeared in Didsbury provincial court docket on Monday on behalf of Solaimane Elbettah and requested that his shopper be despatched to the Southern Alberta Forensic Psychiatry Heart for an NQR evaluation.
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“I need to apply this morning, and I perceive that the Crown isn’t opposed, for a (Legal Code Part) 672.11 NCR evaluation for Mr. Elbettah in order that we are able to begin the method for him to get a report ,” Milczarek informed Decide Harry. Van Harten.
Crown lawyer Alyx Nanji mentioned he and co-prosecutor Vince Pingitore agreed the evaluation was warranted.
“We don’t oppose the protection’s software for an NQR evaluation,” Nanji mentioned.
Beneath the Penal Code, an accused can’t be discovered criminally chargeable for an offense whether it is established that that they had a psychological dysfunction on the time, which makes them unable to understand that what they did was incorrect.
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If discovered to be NCR, Elbettah can’t be criminally punished for the offense and can doubtless be institutionalized till he’s deemed match for a return to society.
Some parts of the assault are nonetheless not publicly recognized
Elbettah (27) is charged with first-degree homicide in reference to the loss of life final July 4, of 19-year-old Josh Burns, who was discovered useless in a McDonald’s restaurant in Sundre simply after midnight that day.
Investigators, who didn’t disclose how Burns died, mentioned the 2 males have been recognized to one another and the assault was believed to have been deliberate and deliberate.
Richard Warnock, mayor of Sundre, known as Burns’ loss of life a “horrible tragedy” which might occur in any group, even these as small and tight-knit as Sundre.
“A younger man is not with us and our condolences definitely exit to the household and pals of this man,” he mentioned. “The police knowledgeable that there isn’t a threat to the general public, however underneath the identical token it’s a horrible tragedy. We’ll all come collectively and assist one another.“
It isn’t recognized if one of many males was employed on the restaurant.
Elbettah stays in custody and has not sought bail within the case.
His case comes again to court docket on March 27, when he’s scheduled to face a preliminary examination.
-with information from Michael Rodriguez
KMartin@postmedia.com
On Twitter: @KMartinCourts
