The Kelowna woman accused in a 2021 killing and castration is again being evaluated to see if she is fit to stand trial.
Gabriella Sears was ordered during a July 31 court date to have a fitness assessment. It’s the second that’s been ordered over the duration of the trial looking into her alleged killing of Darren Middleton, and this one has been court-ordered to be completed within 60 days.
The accused was transported to Forensic Psychiatric Hospital at the end of this hearing, a representative of the BC Prosecution Service said.
“It is anticipated there will also be a Rowbotham application, which is an application that the court appoints counsel in cases where the Legal Services Society has denied (further) funding for a legal aid lawyer,” the BC Prosecution Service representative said.
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The matter has been adjourned to Sept. 27 for another case management conference to determine if the fitness hearing will be proceeding.
Sears was already supposed to be at the second round of court proceedings looking into the charge of second degree murder but when retaining legal counsel continues to be a problem. When she lost her latest round of lawyers, trial dates set for July and August were cancelled.
Before all this, Sears’s original lawyer, Jordan Watt, successfully argued her jailhouse confession to the killing should be ousted from the evidence the Crown could draw on in its case and the trial got underway.
The judge in the case heard from RCMP officers and witnesses about the gruesome crime and repeatedly looked at video from the scene.
The court heard that a Louisville Slugger baseball bat and box cutter were found next to the body of Middleton on June 17, 2021. His body was found laying next to a tub in Sears’s home.
At the time of the allegations, Sears was known as Dereck. She has since applied for a name change to Gabriella but it has yet to be reflected on the court record.
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