Tests required to determine responsibility of brothers in sex assault case

Court heard the pair approached the girl — whom they did not know — at a bus stop, forced her into an alley and sexually assaulted her in November 2014.

The brothers took the Grade 12 student to their home, where they sexually assaulted her 15 times until she was able to escape about eight hours later after they fell asleep.

“When I walk down that street heading toward the elementary school, instead of enjoying the kids playing in the park, I see that bus stop and I hear the helpless cry of a 17-year-old girl being raped,” Christopher read.

“How could this violent sexual assault have happened in our community? What could we have done to prevent it? Did I hear her cry late that night and miss it?”

Judge Terry Semenuk previously ruled that the Crown could not read the teen’s victim impact statement in open court, even though the victim had requested that, because he had concerns the statement might break a publication ban on her identity.

Christopher and members of the association appeared in court Friday expecting the sentencing hearing would resume for the Manyshots brothers.

Instead, it has been delayed indefinitely. The defence is seeking funding to test the two men for fetal alcohol spectrum disorder.

“We recognize the seriousness of the case and the tragedy of it all. At the same time, on balance, the judge will want to know if these individuals suffer from this disorder which affects the moral blameworthiness,” said lawyer Alain Hepner, who is representing Cody Manyshots.

“This is a serious case … as serious as they come.”

Crown prosecutor Jonathan Hak said he is frustrated by delays in the case, but added that when it comes to sentencing, the mental health of the accused is a factor.

“Mental illness, FASD, cognitive issues can have an impact on the moral responsibility that a court assigns to an offender,” he said. “It has no impact on guilt. They’ve already been found guilty. The issue though relates to sentencing and how you treat them.”

The defence lawyers are waiting to see if legal aid will pick up the $11,000 tab for the tests. If it won’t, they will make a separate funding application asking the court to pay.

The case is to be back in court Dec. 8.

— Follow @BillGraveland on Twitter

Bill Graveland, The Canadian Press

by Canadian Press

Tests required to determine responsibility of brothers in sex assault case

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