‘Fit as a fiddle’: Lawyer says suspect in strange break-in doesn’t need mental health assessment

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The suspect in a bizarre break-in where the suspect allegedly partially disrobed before sitting on the victim’s bed is “fit as a fiddle,” a lawyer told court Friday.

Legal Aid defence lawyer Sarah Dover said she and counsel Fatima Samhat spoke with Brent Bear Shirt before court and found no mental health issues are in play.

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Bear Shirt appeared in court Wednesday where duty counsel Timothy Corcoran said there may be some questions about Bear Shirt’s mental health and it would be prudent for him to be seen by a court psychiatrist.

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But Dover said after speaking with the accused, a visit with the doctor was unnecessary.

“This fellow is absolutely fit as a fiddle. He has given us instructions how to go ahead,” she said.

Under the Criminal Code, an accused person who doesn’t understand the legal system and is unable to instruct counsel because of mental impairment is deemed unfit to stand trial.

Dover said she was appearing as agent for Samhat, who has conduct of the file, and asked that the matter be adjourned until Sept. 5 so the lawyer and Bear Shirt can discuss a possible release plan.

Justice Indra Maharaj asked if the plan was to conduct a bail hearing on that date, or schedule one sometime later.

Dover said the hope is that a suitable bail plan can be proposed to the Crown and possibly lead to a consent release, but if that doesn’t happen a hearing will have to be scheduled.

Bear Shirt, 34, faces a charge of break and enter with intent to commit an indictable offence in connection with a July 7 incidence at a residence in the 700 block of 4 Street N.E.

“The suspect is believed to have broken into the residence, entered the victim’s bedroom and removed some of his clothing before sitting on her bed,” Calgary police said in a news release.

KMartin@postmedia.com

On Twitter: @KMartinCourts