Accused Edmonton attacker can't use defence of being not criminally responsible, court hears

The man accused of attacking an Edmonton police officer doesn't qualify for the defence of not criminally responsible, court heard Wednesday.

As his interpreter translated into Somali, Abdulahi Sharif listened to the brief proceedings from the prisoner docket handcuffed and dressed in a blue and white shirt.

"The report at Alberta Hospital has found Mr. Sharif is not NCR (not criminally responsible)," said Sharif's lawyer Karanpal Aujla. "He's fit to plea."

• Man charged with 5 counts of attempted murder for Edmonton attacks
• What does 'not criminally responsible' mean?

In January, Sharif was found fit to stand trial on a string of charges, including five counts of attempted murder for the attack on Const. Mike Chernyk outside Commonwealth Stadium last fall. He's also accused of hitting four pedestrians in downtown Edmonton while fleeing police early the the next day in downtown Edmonton.

On Wednesday, Crown prosecutor Shelley Bykewich also added a charge of aggravated assault and waived a preliminary hearing.

• Police officer hit by car and stabbed during Edmonton attack is back on job
• Woman hospitalized in cube van attack thanks city for support

To be found NCRMD (not criminally responsible on account of mental disorder — NCR for short) it has to be proven the accused did not have the capability to understand their actions, know right from wrong at the time of the incident, or that they were not in control of their actions due to mental illness.

Outside court, Aujla described the assessment as thorough but expressed surprise by the findings.

"In my opinion it found substantial mental health issues, however the test required for NCR is quite high and the mental health issues that were found don't necessarily raise to the level for him to be NCR," said Aujla.

"A lot of (issues) essentially occurred or precipitated because of Mr. Sharif's background and where he comes from."

• Friend of man charged in Edmonton attacks remembers him as outgoing, funny
• Man charged in Edmonton attacks crossed into U.S. from Mexico, records show

According to U.S. officials, Sharif walked into the United States in July 2011 when he was 24 years old after leaving war-torn Somalia. He arrived in Canada sometime in 2012 at an official port of entry and was granted refugee status later that year.

Sharif has not yet entered a plea. He's due back in Court of Queen's Bench for arraignment on May 4.

andrea.huncar@cbc.ca

@andreahuncar