A 30-day psychiatric assessment has been ordered for a Calgary man now facing two charges in connection with the alleged assault and confinment of an undeeraged girl last year.
Provincial court Judge Heather Lamoureux ordered the assessment for Dustin Ward Paxton, 30, after he made his first appearance on Friday morning by closed-circuit television on the charges of aggravated assault and forcible confinement against the girl.
According to court documents, the assaults occurred between Jan. 30 and March 15, 2009.
Paxton is accused of assaulting the young victim in a Calgary house at the same time as he allegedly tortured his 26-year-old roommate and business partner, who also cannot be named. Paxton faces three charges in connection with the male victim: aggravated assault, forcible confinement and sexual assault.Defence lawyer Jim Lutz, who has spoken to Paxton twice and made his first appearance for his client on Friday, said Paxton is concerned about the severity of the allegations.
"We just started receiving disclosure (from Crown prosecutor Joe Mercier) today," Lutz said outside court. "It'll probably take at least the 30 days to get the remaining information.
"He's a little reassured somebody is looking at the file. He's gravely concerned about the allegations, but he'd like to know what the whole story is before he takes the next step and assure that he's in the right place to start directing counsel on the trial."
Lutz said the facts are unusual, something that "you can't really write."
"It's going to be complicated, because I'm sure a lot of people will come to conclusions very quickly when they hear some of the allegations," added the lawyer. "I hope that's not the case and, in time, we'll see the full extent of the disclosure."
The Calgary girl never reported the allegations to police. Instead, they learned about her involvement while investigating allegations of the lengthy beating, mutilation and sexual abuse of a 26-year-old man dumped near death at a Regina hospital in April.
The first alleged victim, who is the father of an eight-year-old daughter, is now in Victoria recovering with family.
Police say he was sexually assaulted, beaten and forcibly confined over a two-year period between Dec. 1, 2008, and March 2, 2010.
When the victim was dropped off at a Regina hospital on April 16 by someone claiming to be his cousin, he was emaciated and barely alive. He suffered brain damage and burns and part of his lower lip and tongue were missing.
Police are also investigating a seven-minute 911 call from a third party in connection with the case months before the victim was dumped in Regina.
Police were never dispatched to the call.
Sources say the emergency call was made by a man who initially alleged Paxton threatened to beat him up on Feb. 28 at 6:13 p.m.
The caller became frustrated and then said Paxton had previously beaten a co-worker - the alleged victim. However, the caller didn't say anything indicating the victim was being confined or remained in danger, according to sources.
An internal investigation into the mysterious call is set to be complete by Sept. 7.
Paxton will be back in court on Oct. 1 when he returns from the assessment at the Southern Alberta Forensic Psychiatric Centre.
dslade@theherald.canwest.com
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