Dementia patient charged with murdering his wife found unfit to stand trial

Dementia patient not fit to face murder charge Fred Van Zuiden, 86, will not stand trial in connection with death of wife following psychiatrist’s assessment. Jaclyn Brown has the latest.

A Calgary senior stricken with dementia and charged with the murder of his wife has been found mentally unfit to stand trial by a psychiatrist and a judge.

Siegfried (Fred) Van Zuiden was charged with second-degree murder after police found the body of his wife Audrey, 80, in the couple’s home on Rideau Place S.W. at about 4:15 a.m. on October 4, 2016.

The 86-year-old man suffers from moderate to severe dementia and was ordered to undergo a 30-day psychiatric assessment following his last hearing in December.

On Friday, Dr. Ken Hashman, the psychiatrist who examined Van Zuiden for the past month, told the court that his condition has been deteriorating while in the care of doctors.

He underwent surgery last month and is very disoriented during his recovery, Hashman said.

He added that he doesn’t know why he is at the facility and doesn’t know the day, the date, or even who he is at times.

As a result, Hashman told the court that Van Zuiden has no understanding of the court proceedings and can’t even remember meeting with his lawyers or even recognize his doctors.

He said that he didn’t believe that that would change and he is unfit to stand trial.

The Crown has not yet withdrawn the murder charges, said his lawyer Alain Hepner, and that limits what they and the family can do for him.

“In time, I will urge the Crown to withdraw the charges so that the family can deal with him privately in a private facility.”

He says that the Crown and the board will not make an immediate decision because they want to make sure public safety is not compromised.

Hepner said he's had cases like this before where the proceedings have gone right up to trial with the verdict being not criminally responsible.

“It’s rare to get it so clear at the front end of a file that it is not fit.”

Meanwhile, Van Zuiden’s family friends say they are extremely relieved at the outcome.

“It was certainly the expected outcome,” said Vince Walker, a family friend. “The support we are getting from the medical community; that was the moment we needed.”

Gordon Van Gundst, another friend, said that Van Zuiden has a deteriorating disease. “It’s going to get worse from here on out, but the facility is very well set up to take care of him at this stage now that a determination has been made by the courts.”

Walker called the situation a unique one that draws a lot of attention to a lot of issues.

He hopes there will be further changes coming. “When we go and visit him, I hope it won’t be through a pane of glass. A not fit for trial will allow us to sit with Fred and play cards or get beaten at chess. That’s extremely important to us.”

A mandatory psychiatric hearing, through the review board, is expected to take place within 45 days.