Despite a court order that Calgary murder suspect Ryan Kinoshita be assessed to determine if he is not criminally responsible due to a mental disorder, no such assessment has been conducted, his lawyer informed the court on Friday.
Missing Paperwork Halts Transport
Defense counsel Allan Fay requested that Justice Derek Jugnauth extend Kinoshita's psychiatric remand to Alberta Hospital in Edmonton so that he can be transported and evaluated by doctors there. Fay explained that both he and Crown prosecutor Scott Wilson only learned this week that a March 27 order for Kinoshita's transport to Edmonton for a not criminally responsible (NCR) assessment was never executed.
Fay stated, "As a result of discussions with myself and Mr. Wilson, we agreed that it would be appropriate to have Mr. Kinoshita assessed with respect to NCR. There was a 60-day order with a direction that Mr. Kinoshita be transported to Edmonton for the purpose of conducting that assessment. Unfortunately, just this week we learned that Mr. Kinoshita was never transported."
Investigation Reveals Administrative Error
Upon contacting psychiatric zone chiefs in both Calgary and Edmonton, Fay discovered that no paperwork had been received to facilitate Kinoshita's transfer. He proposed that the best remedy would be for Justice Jugnauth to issue a 30-day extension of the assessment order, with a new directive for transport to Edmonton to complete the mental health evaluation.
Kinoshita, 31, is charged with second-degree murder in connection with the April 8, 2024, stabbing of his landlord, Joel Aaron Clark. Police reported that Clark, 46, was fatally stabbed in his home on Prestwick Terrace S.E. Kinoshita also faces an unrelated charge of aggravated assault. Fay indicated that the mental health assessment would pertain to both charges.
Next Court Appearance
The case is scheduled to return to Calgary court next month for an update. Kinoshita remains in custody and was not present in court on Friday. He is currently slated to stand trial at the end of November.
