An 84-year-old Savona man accused of possession of child pornography will be sent for a psychiatric assessment due to concerns he cannot understand proceedings in B.C. Supreme Court in Kamloops.
Lawyers for both the Crown and defence were ready on Monday, March 16, to embark on a trial to determine if Derek Keilty is guilty of possessing child pornography.
The charge dates from 2011.
Crown prosecutor Chris Balison said an unnamed corporation that offers cloud storage for data informed the National Centre for Exploited and Missing Children — which maintains a cybertip line for allegations of child pornography — that it found a potentially criminal image on its servers.
chain of communication then ensued, involving the U.S. Department of Homeland Security and the RCMP.
Eventually, the RCMP requested information from Telus that led to a raid on Keilty’s home and a search of his computer.
Defence lawyer Tessovitch was set to make a challenge based on the Canadian Charter of Rights and Freedoms, arguing the original tip and subsequent requests and searches were unlawful.
But, before that challenge could be argued, concerns arose first about Keilty’s ability to hear proceedings, then to understand them.
Keilty suffers from a long list of medical problems with his vision, gastrointestinal tract, heart, lungs and, lately, memory, Tessovitch said.
“I’m quite concerned he’s not capable of processing the whole matter as we go,” Tessovitch said.
Balison agreed to a psychiatric assessment of Keilty to determine whether he understands the proceedings.
There is no question of his mental capability in 2011, when the charge was laid.
“It may be Mr. Keilty is not fit to stand trial,” Balison acknowledged.
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