Duelling doctors testify on fitness issue
Jarett Wayne Fraser Heuff, 25, of Pomeroy Ridge, clearly has intellectual disability, but psychiatrists disagree if he’s unfit to stand trial on charge of sexually assaulting minor
A defence lawyer argued Thursday his client is unfit to stand trial on sex-related charges based on his intellectual disability - one that can never be treated or cured, so he could never be found fit.
Jarett Wayne Fraser Heuff, 25, of Clark Point Road in Pomeroy Ridge, about 50 kilometres south of McAdam, faces RCMP charges of sexual assault and interference, alleging he touched an underage girl in McAdam between Oct. 30-31, 2021.
He previously pleaded not guilty to both charges, but his case has been slow to proceed to trial in Fredericton provincial court as the court contends with the issue of his fitness to stand trial.
The court previously received conflicting psychiatric reports on Heuff’s fitness to stand trial. One psychiatrist, Dr. Tunde Apantaku, said Heuff is unfit to stand trial due to his intellectual disability, but Dr. Christopher Bryniak penned a report indicating a high likelihood that the accused is fit.
Both doctors appeared before Judge Natalie LeBlanc on Thursday to testify in a fitness hearing.
Tunde testified he interviewed Heuff in person at his office in Saint John in June, and the defendant was accompanied by his adoptive mother throughout the meeting, which lasted 60-90 minutes.
He said Heuff was referred to him by his family physician, and was notified a forensic psychiatric assessment was being sought to determine his fitness to stand trial.
The family doctor noted the patient suffers from depression and reportedly from fetal alcohol syndrome disorder, but there’s no way to confirm that diagnosis since Heuff’s biological parents are dead.
‘I find him to be very suggestible’
“He has some cognitive delay and has some judgment problems,” Tunde said. “He had a very short attention span … He is easily distractable.”
Heuff has difficulty with information comprehension, he said, and his limited mental capacity definitely suggests some kind of brain damage.
The defendant suffers from a mental disorder, Tunde said, pointing to an unspecified intellectual disability and an anxiety disorder as his main issues.
Tunde said while Heuff understands the nature of objective of the court proceedings, the possible consequences of the charges and the roles the lawyers and judge have to play in the process, he questions if Heuff is competent enough to instruct defence counsel through the case.
“I find him to be very suggestible,” the psychiatrist said. “He strongly relies on others to make decisions for him.”
During the interview, his adoptive mother interjected repeatedly and guided him through the answers, he said, and Heuff tends to simply go with the information that’s presented to him by his mother and others.
Tunde said Heuff has the mind of a 12-year-old, and his condition is permanent.
“Essentially, it’s not treatable, but it can be supported,” the doctor said.
Due to those mental and cognitive limitations, Tunde said, he felt Heuff is unfit to stand trial.
But on cross-examination by prosecutor Rebecca Butler, Tunde admitted this was the first time he’d ever conducted a forensic psychiatric exam for consideration in criminal court and he’s never received specific training in forensic psychiatry.
The doctor said he discussed the charges with Heuff, who told him he understood touching someone sexually without consent was wrong.
Heuff told him the touching was an accident and that he had acted in a moment of excitement, Tunde said.
After Tunde assessed Heuff and filed his findings with the court earlier this year, the Crown sought another assessment.
More experience in forensic assessments
Dr. Christopher Bryniak testified he specializes in forensic psychiatry and works at the Restigouche Hospital Centre, a secure psychiatric facility in Campbellton that deals with defendants deemed unfit to stand trial or offenders found not criminally responsible for their actions due to mental disorders.
He was tasked by the Crown with the followup examination, and he met with Heuff and his adoptive mother virtually in mid-August.
Bryniak agreed with Tunde’s assessment that Heuff has a pronounced intellectual disability that does amount to a mental disorder.
But he found a high probability of fitness to stand trial in Heuff’s case.
Heuff recognizes and appreciates the court process, Bryniak said, noting that in fact, the patient has a great deal of anxiety over the criminal charges, which reinforces the notion he understands what’s happening.
He understands the charge and what a minor is in comparison to himself, the Crown’s psychiatrist said, and he’s aware of the potential consequences he’s facing, such as house arrest or a jail sentence.
While Heuff’s adoptive mother was present for part of their session, he worked to speak with him alone to limit any potential coaching, Bryniak said.
“From his history, he’s certainly able to learn new information,” he said of Heuff.
He said when dealing with people with intellectual disabilities, using concrete, simpler language can help them navigate more complicated or unusual situations.
Bryniak said there was little in his assessment of Heuff to indicate he’s unfit to stand trial.
Defence lawyer Edward Derrah, during his cross-examination, asked him what the minor indications were that could point to the defendant being unfit.
“There’s some degree of suggestibility there,” Bryniak said, and that suggestibility has the potential to be an issue.
The psychiatrist also acknowledged that should the court deem Heuff as fit, there could still be an issue regarding criminal responsibility at the time of the alleged offences to explore.
Forensic assessments to determine criminal responsibility are separate and distinct from those conducted to determine fitness to stand trial.
Similar opinions, divergent conclusions
Derrah, in arguing the defence application for a finding of unfitness, said the two doctors appear to agree on his client’s intellectual and psychological challenges.
“They approach the matter from somewhat different perspectives,” he said.
He likened the legal test for fitness as a stool standing on three legs: awareness of the process, awareness of the consequences and ability to communicate with defence counsel.
Derrah said Heuff meets the bar with regard to the first two criteria, but not the third, and without one of the legs, the stool falls over.
Butler said the onus is on the defence to demonstrate Heuff is unfit, and she argued it hadn’t done so.
Heuff remembers what happened as he was able to relate that information to Bryniak, she said, so it stands to reason he can convey information and instructions to his defence counsel.
The defendant might need some help in communication and understanding, the prosecutor said, but needing help and being unable to do so are different things.
“I think those kinds of accommodations can be made,” she said.
Butler urged the court to give greater weight to Bryniak’s opinions, noting that he has greater experience with fitness assessments and that he was able to question Heuff outside of the influence of his adoptive mother.
She also emphasized that the Crown’s expert conducted the more recent of the two assessments, while Derrah noted that Tunde interviewed his client in person instead of by way of an online video link.
LeBlanc reserved her decision on the fitness hearing to Dec. 1.
Don MacPherson can be contacted at ftonindependent@gmail.com.