Judge orders psychiatric fitness assessment for N.S. man accused of historical sexual abuse
Measure taken to ensure Douglas Guthro Sr., 86, fully understands court process
A judge has ordered a fitness assessment by a forensic psychiatrist for Douglas Guthro Sr., a Pictou County man accused of historical sexual abuse.
The case involves Guthro's three adult children.
On Friday, Justice Frank Hoskins of the Nova Scotia Supreme Court ordered the 86-year-old Guthro to be assessed by a psychiatrist after concerns were raised about his ability to understand his situation.
Hoskins refused to accept guilty pleas by Guthro to eight of 17 charges of historical sexual violence earlier this month, when he was not convinced of Guthro's capacity to comprehend the consequences.
Pavel Boubnov, Guthro's lawyer, said he has tried to simplify the questions his client had difficulty understanding at the previous hearing but found communication problematic.
"I'm talking about potatoes and I'm getting answers about carrots and from my perspective, as an officer of the court, I'm concerned," said Boubnov.
Hoskins asked if there is any official diagnosis. Senior Crown prosecutor Bill Gorman said it was "anecdotal at best."
Hoskins then ordered the fitness assessment.
"A valid plea must be voluntary, unequivocal and informed," he said. "And those are critically important to the process."
Test should happen quickly, Crown says
Guthro has appeared to find it hard to hear during several previous hearings.
"He's playing a game," said Doug Robertson, who came forward with complaints against his father along with his two sisters, Susan Farrell and Sheri Colbert.
All three applied for the publication bans on their names to be lifted so they could tell their stories.
"It's just maddening that it's got to keep on going," Robertson said.
Gorman praised Robertson and his sisters for being "steadfast in their resolve," and said the assessment should happen quickly.
The fitness test is described as a mini-assessment.
"Rather than go through a full-blown, 30-day assessment only to find out, let's say on Day 2, that this is a non-issue, this has been a way to keep things moving and advancing," Gorman said.
The sentencing date scheduled for April has not changed, he noted.
A followup hearing has been set for Jan. 29.