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Dettah man finally gets assessment

Lauren McKeon
Northern News Services
Published Wednesday, October 28, 2009

SOMBA K'E/YELLOWKNIFE - A Dettah man who has been waiting for a psychiatric assessment for eight months finally has a bed in an Alberta hospital.

It is the fourth court-ordered assessment for Tommy Kapatoan, who has been in jail at the North Slave Correctional Centre for eight months.

He is facing a sexual assault charge dating back to February 2009.

Friday marked his 23rd court appearance.

An RCMP officer was on standby Friday to transport Kapatoan to Edmonton.

"The sooner we get the assessment done, the sooner we can get this matter back on track," said Crown prosecutor Glen Boyd.

Kapatoan has been assessed twice before in connection to other charges, Boyd added, without mentioning how long ago.

"He is no stranger to the staff there (at the hospital)," he said.

Judge Bernadette Schmaltz signed a 30-day assessment order, scheduling Kapatoan to be back in court Nov. 17. However, she acknowledged the assessment could take longer.

"I do realize the assessment may not be completed by Nov. 17," she said, indicating she was willing to extend the assessment to the full 60 days if required.

If that's the case, Kapatoan could end up being in custody for nearly a year before facing possible conviction or release.

On Oct. 13, Crown prosecutor Terri Nguyen said the matter is almost "at the point where he's been in (custody) longer than the Crown is seeking sentencing for."

Roger Sheppard, a lawyer for the GNWT, told court on Oct. 23 that the territorial Department of Justice is investigating whether Kapatoan's case is an isolated incident or whether there is an underlying problem. It is the Department of Justice that signs agreements for services like psychiatric assessments with Alberta Health Services.

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