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Jongwon Ham, the man accused of first-degree murder in the death of Burnaby RCMP Const. Shaelyn Yang, has been found not fit to stand trial in B.C. Supreme Court.
Yang was stabbed to death on Oct. 18, 2022, when she tried to speak to a man sheltering in a tent in Broadview Park in Burnaby.
The man in the tent was shot and wounded by Yang during the altercation, according to B.C.’s police watchdog.
B.C. Supreme Court Justice Michael Tammen said Monday that Ham’s psychosis is getting worse.
“Although Mr. Ham possesses a very good understanding of the court processes and the basic role of the participants, his delusions prevent him from making rational decisions in navigating that process,” said Tammen.
“Mr. Ham is currently very clearly overwhelmed by delusional thinking, which prevents him from making the fundamental decisions that all accused must make in criminal proceedings. For those reasons, I make the finding in declaration that Mr. Ham is not fit to stand trial.”
Const. Shaelyn Yang of the Burnaby, B.C., RCMP was killed in the line of duty in 2022. (B.C. RCMP)
Two psychiatrists told the hearing earlier that Ham suffers from a psychotic disorder, and the court heard both doctors share the opinion he is unfit for trial.
Ham appeared via video from custody Monday with short cropped hair, wearing glasses and a red prison sweatshirt.
Review board to determine next steps
After hearing the verdict, he told the court that he wants to appeal the decision to the B.C. Court of Appeal. Earlier in the trial, he told the court he did not want to be found unfit.
Tammen ordered a B.C. Review Board (BCRB) hearing into Ham’s case to take place within 90 days.
The BCRB assumes jurisdiction of cases where an accused is deemed unfit to stand trial to decide incarceration location and conditions, including release, according to the B.C. Review Board website.
The BCRB makes periodic assessments of “not fit” accused. If, at any point, the assessment changes from not fit to fit, the accused is returned to the court to stand trial.
Ham was set to stand trial on the first-degree murder charge but as the trial was due to begin, Tammen instead ordered the fitness hearing to determine if Ham had the mental capacity to understand the charge and meaningfully take part in his own defence.