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Fradsham noted that despite the doctor’s opinion, it was up to the court to decide if Fong had the necessary cognitive ability to appreciate the jeopardy he is in.
“Dr. Ajeh does not decide the issue of whether Mr. Fong is fit, but her evidence is relevant and of great assistance,” the Calgary judge said.
“Her evidence was that Mr. Fong understands the function of the people in the court system. She was also of the opinion that he understands the difference in the pleas that he could enter.
“She was of the view that he understands the consequences of what might occur in the judicial process,” Fradsham said.
“I am of the view, having heard her evidence, that her opinions are correct.”
Defence lawyer Ben Leung, in written submissions, said he was unable to receive instructions from the accused in considering fitness and therefore could take no position opposing the finding.
Fradsham said despite his finding of fitness, there was no way to be certain Fong would remain capable of being prosecuted.
“Mr. Fong’s fitness to stand trial was to be decided as of today, as opposed to what it was, or what it might be.”
The judge also said his ruling doesn’t prohibit a future defence involving mental health issues.
“The issue before me is completely different from whether or not there is a defence of not criminally responsible (by reason of a mental disorder).”
Fong is charged with second-degree in connection with the Jan. 9, 2019 death of his father, Shu Kwan Fong.
His case is back in court in two weeks.
On Twitter: @KMartinCourts