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Neurological concerns prompt forensic assessment order for Douglas Bagnall

Mar 1, 2019 | 12:50 PM

LETHBRIDGE – A 30-day forensic assessment has been ordered by a Lethbridge judge, in the case of a 62-year-old man accused in the impaired driving death of Pikanii Band Councillor Barney Provost last year.

Douglas Bagnall appeared via CCTV Friday, March 1, from the Lethbridge Correctional Centre. Crown Counsel Erin Olsen told the court that there were serious concerns not only about Bagnall’s overall health, but also whether he may even be fit to stand trial.

Olsen told the judge that they received a call from a psychologist employed at LCC last week, which caused them to become concerned.

She told the court that throughout Bagnall’s stay, he has been in the health unit, and although he had been going through alcoholic withdrawal for the first few weeks while in jail, several other symptoms persisted. They include his inability to understand time or place, his belief that he could simply leave the jail at will and his inability to understand the rules of the facility.

She suggested to the court that there may be some serious neurological issues he was suffering from, including Korsakoff Syndrome (a type of amnesia brought on by vitamin B deficiency associated with excessive and chronic alcoholism, among other causes), and that he was a good candidate for an assessment.

An agent for Bagnall’s Edmonton- area lawyer William Tatarchuk told the court consent had been granted for the assessment as well.

The judge agreed and ordered the assessment to go ahead.

Bagnall will remain behind bars by consent and there is no bail hearing anticipated at this time. He will be back in court April 18.

Members of the Provost family, including his widow Kristy, and a MADD representative, were once again in Provincial court for Bagnall’s appearance. They say they are frustrated with what they see as the justice system prolonging their pain. 

“I have to deal with this every day. Every day, every morning, every night,” said Kristy. “He (Bagnall) doesn’t have to live with that pain. I’ll never see Barney again.”

Case History

On June 25, 2018, RCMP say a Toyota Corolla driving the wrong way on Highway 3, west of the Highway 509 intersection hit a Chevy Impala, killing the driver and injuring a 12-year-old girl.
 
Bagnall was not arrested until Sunday, Nov. 18, 2018 and was shortly after released on several conditions following a bail hearing.
A warrant for his arrest was issued after he failed to attend court in December, but it was held three times. Bagnall also failed to check in with Lethbridge Police as required six times before he was caught. He was arrested Jan. 16, 2019 for breach of conditions.
 
42-year-old Provost was not only a band councillor, but a teacher and the principle at Tsuut’ina High School who held a master’s degree in education from the University of Lethbridge. He was also an active sobriety advocate.