Accused’s court tirade leads to possible psychiatric assessment

By Delon Shurtz - Lethbridge Herald on November 24, 2021.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A man who says he was tasered by police, punched in the face and arrested without his rights being read to him, may be ordered to have a psychiatric and psychological assessment following a profanity laced outburst in Lethbridge provincial court.
Cody Gregory Fleming, who is in custody at the Lethbridge Correctional Centre, was set to have a bail hearing Monday on several criminal charges, but during the hearing Fleming went on an angry tirade, shouting and swearing at the judge.
Fleming claimed he is being held in custody unlawfully, and demanded a “real judge” hear his case. When Judge John Maher suggested adjourning the bail hearing for another day in front of a different judge, Fleming became even angrier.
“No I don’t want it adjourned, I want to get out because I haven’t been read my rights,” he yelled.
Duty counsel lawyer Jeremy DeBow attempted to help the accused during the hearing, but Fleming continued to rant and rave.
“I’ve not been read my rights,” he repeated. “It’s been wholly and one hundred per cent illegal. I’m done playing your f—ing games.”
Maher calmly suggested the clerk read Fleming his charges and offered to adjourn the bail hearing to another day, but he refused to listen to Fleming if he continued to act out.
“I’m not prepared to continue to listen to your rants,” Maher said. “I’m here to see if the Crown can satisfy me that your detention should be continued.”
Fleming finally told the judge to go ahead with the bail hearing, and the Crown related details of the alleged offences. Details of the offences and any evidence presented in court during the bail hearing relating to the offences are subject to a publication ban and can’t be reported.
Fleming faces 21 charges, including threats to cause death or bodily harm, resisting a peace officer, criminal harassment, causing a disturbance by screaming, assaulting a peace officer, mischief and multiple counts of failing to comply with release conditions.
Maher did not rule on the bail hearing, but adjourned the matter until today to allow time to arrange for a psychiatrist to examine Fleming while he is in custody, and to determine whether the court should order a forensic assessment under Section 672 of the Criminal Code. The assessment would determine if the accused is unfit to stand trial, or whether he was, at the time of the commission of the alleged offences, suffering from a mental disorder so as to be exempt from criminal responsibility.

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