A B.C. judge has ruled the man accused of killing 11 people by intentionally driving a vehicle through a crowd at this year’s Lapu-Lapu Day festival in Vancouver is fit to stand trial.
“Many people in the community want to see this go to trial. And so that is why this brings relief to the community in terms of getting a fit to stand trial ruling today,” Kristina Corpin-Moser, executive director of Filipino BC, said outside court immediately after the decision was read.
“The community is anxious and wants answers. We understand that this process just takes time and it’s likely the pace will never be the pace that families and victims want.”
Prosecutors have also approved 31 new charges of attempted murder against Adam Kai-Ji Lo, in addition to the 11 counts of second-degree murder he was already facing in connection with April’s vehicle-ramming attack.
At the time, Lo was under the mandatory care of a Vancouver Coastal Health community team.
Although he was subject to conditions under the Mental Health Act, he was living freely in the community.
A publication ban imposed by the court prevents CTV News from sharing further details of Lo’s mental health history, as well as most of the testimony and arguments from the fitness hearing.
CTV News and other media outlets petitioned to have the ban overturned, and provincial court judge Reg Harris has not yet ruled on that application.
Over two days in July, a pair of forensic psychiatrists testified about their observations of Lo’s mental state. Their testimony is covered by the sweeping publication ban.
Lo has been held without bail in a secure mental health facility since the days following the vehicle attack. The name of that facility is also covered by the publication ban.
He is accused of intentionally driving an SUV into the crowd at the Lapu-Lapu Day Festival, a celebration of Filipino heritage and culture.
In addition to the 11 people killed, dozens more were hurt, including some who spent months in hospital and rehabilitation centres and will live with life-altering injuries.
“I don’t think there’s anything that can be said to the family members to help alleviate their pain of the people who’ve been lost, who died, they will carry that grief and pain forever,” said Vancouver-Kensington MLA Mable Elmore.
Video from the scene shows a group of bystanders angrily confronting Lo, while a festival security guard attempts to calm the crowd and protect Lo from physical harm.
Vancouver police took Lo into custody shortly after.
In his reasons for finding Lo fit, Harris said, based on the evidence presented at the hearing, he deemed Lo was able to understand the court proceedings and communicate clearly with his lawyer.
Vancouver criminal lawyer Sarah Leamon, who is not involved with the case, told CTV News those are critical elements in determining an accused’s fitness.
“It has to do with their ability to appreciate, today, what they’re facing in terms of charges, the trial process, and their ability to engage with that trial process in effective manner,” she said.
Harris’ ruling that Lo is fit to stand trial does not preclude his lawyers from raising a defence of not criminally responsible on account of a mental disorder, commonly referred to as NCR.
An accused’s fitness to stand trial has to do with their mental state at the time of the hearing, and NCR relates to an accused’s mental state at the time of the alleged offence.
No date has been set for Lo’s next court appearance.
The judge ordered that Lo continue to be held in a mental health facility.
