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Judge To Rule On Crown Request For Fitness Assessment For Via Rail Terror Plotter

The Canadian Press, 17 Jul, 2015 12:14 PM

TORONTO — A Toronto judge is to rule today on a Crown request for an assessment to determine whether a man convicted of plotting to derail a passenger train is fit to be sentenced.

Attorney Marcy Henschel told Chiheb Esseghaier's (shuh-HEHB' ehz-uh-GY'-urs) sentencing hearing on Thursday that the Crown will apply for a fitness assessment if the judge does not order one on his own.

Dr. Lisa Ramshaw, who did a psychiatric assessment on Esseghaier, testified earlier this week that she believes he's unable to participate in his sentencing hearing because he is likely schizophrenic.

The lawyer for Esseghaier's co-accused, Raed Jaser, said that if the assessment is ordered then the defence will renew its application to adjourn Jaser's sentencing.

Justice Michael Code says the matter is "quite difficult" and involved "some very complex issues," and is expected to deliver his decision this afternoon.

Esseghaier and Jaser were found guilty in March of a terror-related conspiracy to commit murder, which carries a sentence of up to life in prison, and six other terror-related charges between them.

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