MOOSE JAW — A provincial court judge has ordered a psychiatric assessment for a Moose Jaw man accused of attempted murder to determine whether he is criminally responsible and what his mental state was during his alleged offence.
Myles Reichel appeared recently in Moose Jaw Provincial Court, with defence lawyer Merv Nidesh representing him. Reichel is accused of attempted murder and assault from an incident that occurred in southern Moose Jaw on July 24.
Nidesh explained that he and Crown proseProsecutorParker have been working on this matter and are seeking a psychiatric assessment order that considers the fact Reichel is out on bail; such assessments typically happen when an accused is in custody.
The Crown agreed on July 25 to Reichel’s release from custody and placed him on several conditions; if he disobeys them, he could be placed in jail until his next court appearance.
Continuing, the defence lawyer said he has learned two provincial psychiatrists in Regina can conduct out-of-custody assessments, with one official able to come to Moose Jaw to speak with Reichel.
Filling out the assessment request document is a “matter of ticking off the boxes,” while making the arrangements “is a work in progress” or “chicken and the egg” scenario since the defence and Crown need the order to make the arrangement, Nidesh said.
“My client has already … [indicated] that if it accommodates the two psychiatrists to go into Regina, he’ll go into Regina,” the defence lawyer added. “That’s the benefit of being out of custody; he’s in a position to do whatever is needed.”
Parker agreed, saying the Crown needs an adjournment date for these matters — typically 30 days after a judge makes the order — and the date the judge approved the assessment order so he can complete a referral form and submit his and Nidesh’s to court services.
The prosecutor noted that Reichel would not be remanded to the Saskatchewan Hospital in North Battleford, a venue typically housing people with psychological issues.
Judge Brian Hendrickson asked for clarification about the need for the psychiatric assessment, specifically, whether it would determine Reichel’s mental fitness to stand trial and whether he is — or is not — criminally responsible (NCR) for his actions; Nidesh said the test would assess both factors.
The judge then agreed to order the psychological assessment under section 672.12 of the Criminal Code.
“I appreciate the heavy lifting the lawyers have done [with this case],” Hendrickson said, adding he would adjourn the matter to Thursday, Sept. 14, so both parties could submit their referral forms and Reichel could be assessed.
According to a news release, the Moose Jaw Police Service received a call about a disturbance on the south side of the community at 3:16 p.m. on July 24.
Upon arrival, police located an adult male in a residence who required medical attention after sustaining head trauma. EMS transported the male to the Dr. F.H. Wigmore Regional Hospital before taking him to the Regina General Hospital for further medical care.
The male remains in serious condition.
Officers took Reichel — who knew the victim — into custody at the scene.
Meanwhile, police continue to investigate the situation.
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