SOMBA K'E/YELLOWKNIFE - Tommy Kapatoan has been languishing in cells at the North Slave Correctional Centre for eight months waiting to undergo his court-ordered psychiatric assessment.

The Dettah man has been detained since February, when he was charged with sexual assault.

"If he is sentenced ... it's almost at the point where he's been in (custody) longer than the Crown is seeking sentencing for," Crown prosecutor Terri Nguyen said in territorial court on Oct. 13.

"I don't know why Mr. Kapatoan's matters are taking this long. It's normally a lot faster than what's happening in this case," she added.

The first court-ordered assessment was signed June 16 by Judge Robert Gorin. After it expired, another was made in early August.

"I can't believe a bed has not become available between June and October," said Judge Bernadette Schmaltz on Oct. 13.

Because the territory does not have the proper services, accused who are ordered to undergo assessments - usually of a 30 or 60-day period - must be sent to a southern hospital, normally one in Alberta, where the assessment is completed.

Kapatoan's lawyer, Abdul Khan, said the last time he checked, in late September, there were still at least five to six people ahead of his client waiting for a bed.

Khan replaced Kapatoan's former lawyer, Garrett O'Brien, at the end of July, when O'Brien left Yellowknife, before reportedly "dropping the ball" on the assessment, according to Nguyen.

Khan remained adamant Tuesday that an assessment was needed before Kapatoan's matter could proceed.

"I've tried to speak to him, he doesn't say a word, your honour," said Khan.

Kapatoan was not present for the hearing. He did, however, appear on Oct. 14, when Khan was scheduled to provide the court with an update on the matter.

Kapatoan wore a green AC/DC T-shirt with a gaping hole underneath one armpit and stared blankly ahead, his mouth open, rubbing his fingers in succession as Khan said there were still at least five people ahead of him waiting for an assessment, adding he could not determine why it was taking so long.

"I have never in my experience in the North ... I have never seen it (an assessment) take that long," said Schmaltz.

Kapatoan spoke little when addressed, and appeared to be lost at times during the proceedings. Schmaltz asked him if he had spoke to a lawyer, causing the man to pause before answering: "A long time ago."

She then asked him if he wanted to speak to Khan. Kapatoan shook his head no.

"What do you want to do?" asked Schmaltz.

"Get out," he replied.

"Yes, I would expect you would want to," she answered.

Kapatoan appeared again on Oct. 19, where Schmaltz asked lawyers to consider a judicial stay of proceedings, which is an indefinite suspension.

That day a lawyer representing the territorial government was also in attendance.

It's expected the GNWT - which has signed agreements with Alberta to provide services unavailable in the North - could have some interest in the matter after allegations were made that the Alberta hospital appears to be ignoring orders that Kapatoan be made a priority, Schmaltz said.

Crown lawyer Glen Boyd has now taken over the case and will present his arguments for or against a stay on Friday.

Kapatoan has so far made 22 court appearances for the sex assault charge.