The attorney representing the individual charged with the murder of RCMP Constable Shaelyn Yang in 2022 has expressed a desire for his client to be deemed mentally competent for trial. Jongwon Ham, who appeared in the B.C. Supreme Court in Vancouver dressed in a black shirt and grey suit, faces a first-degree murder charge in connection with Yang’s fatal stabbing.
During Ham’s fitness hearing, two psychiatrists testified that he suffers from a psychotic disorder and opined that he is unfit to stand trial, as per Crown prosecutor Colleen Smith. However, defense lawyer Caroline Senini argued that Ham does not believe he experiences delusions. She stated that the judge will need to determine whether Ham does have delusions and the implications for his ability to participate effectively in his defense.
Smith clarified that the Crown has not taken a stance on Ham’s fitness, emphasizing that his comprehension of the trial process is nuanced. She highlighted that the psychiatrists’ evidence alone is insufficient to establish unfitness, with the pivotal factor being Ham’s own testimony, which is subject to a publication ban.
Dr. Mandeep Saini conducted six interviews with Ham in January, while Dr. Mario Moscovici, enlisted by the defense, conducted a single two-hour interview. A fitness hearing, also known as a fitness trial, enables a judge to assess whether the accused comprehends the charges and can actively engage in their defense, without evaluating their mental state at the time of the alleged offense.
Justice Michael Tammen ordered the fitness hearing on the day Ham’s trial was scheduled to commence in January. Tammen is expected to render his decision on Ham’s trial readiness on April 20. Shaelyn Yang lost her life while attempting to communicate with a man residing in a tent in Broadview Park, Burnaby, on October 18, 2022. RCMP indicated that Yang, who perished in the line of duty, had been serving as a mental health and homeless outreach officer for three years before her tragic demise.