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Ajeh said in his current condition Fong is fit to stand trial for second-degree murder in the death of his father as he now understands the role of parties in the legal process and comprehends the concept of death.
Last year Fong was deemed unfit after psychiatrist Dr. David Tano said his lack of understanding of what death is showed he wasn’t able to comprehend legal proceedings.
But in subsequent assessments earlier this year Ajeh said Fong is now fit and the Alberta Review Board returned him to court to face prosecution.
Provincial court Judge Allan Fradsham must now determine whether Fong meets the legal standard to stand trial.
Ajeh said her biggest concern with Fong is his safety from harm from others, particularly at the remand centre, where fellow inmates might take offence to behaviour such as licking doors, or touching them.
“They are not as tolerant,” she said.
“In that environment you don’t need a reason to fight.”
She told Leung it would likely take Fong about two months in such a situation to relapse into a state of unfitness.
“Fitness is time specific,” Ajeh said.
“He could be fit now and then become unfit subsequently.”
Fong, 37, is charged with second-degree murder in the Jan. 9, 2019 death of his father, Shu Kwan Fong.
If Fradsham finds Fong fit his prosecution would then proceed to trial.
A date for submissions from Leung and Crown lawyer Darren Maloney will be set next week.
On Twitter: @KMartinCourts