National Post

Two doctors found not guilty of sexual assault

- BY DIANA MEHTA

Two Toronto-area doctors said they looked forward to moving on with their lives after being found not guilty Thursday of drugging and sexually assaulting a medical student in 2011.

The woman at the centre of the case, however, was disappoint­ed with the ruling, saying she was “denied justice” while “sexual predators” remained at large.

Dr. Amitabh Chauhan and Dr. Suganthan Kayilasana­than were accused of drugging and then sexually assaulting the then 23-year-old woman in a hotel room after a night of drinking and dancing at a Toronto club.

Justice Julie Thorburn said while it was agreed that the two doctors had a “sexual encounter” with the woman, she was not satisfied beyond a reasonable doubt that the woman was drugged and did not consent to the encounter.

“I know this has been a long and emotional journey for all of you,” Judge Thorburn said as she delivered her lengthy judgment. “I do recognize how difficult this may be for some of you in this room.”

The complainan­t, who cannot be identified, issued a statement that was read out by a detective who worked on the case.

“I had nothing to gain, I was denied justice today. Sexual predators are out there and need to be stopped,” she said.

The court heard that the medical student was introduced to Mr. Chauhan through a mutual friend because he was a resident in plastic surgery and she was interested in pursuing work in the field.

The trial heard that, after meeting a few times and exchanging several emails, the woman planned to meet Mr. Chauhan for drinks late on the

I had nothing to gain, I was denied justice today

night of Feb. 12 and learned an hour before they met that his friend, Mr. Kayilasana­than, would be joining them.

The three of them had a few drinks at a hotel bar, then a few more at Mr. Kayilasana­than’s hotel room before going to a Toronto club, where surveillan­ce video showed them “drinking alcohol, socializin­g and dancing,” court heard.

The woman claimed that shortly after having a drink at the club, she became unable to see and had “intermitte­nt visual and auditory flashes.” The trio then returned to the hotel where the woman claimed she was unable to move, enabling both doctors to allegedly sexually assault her.

Judge Thorburn noted that video from the bar did not appear to show either of the accused placing anything into the drinks and that video surveillan­ce from the hotel parking lot and lobby appeared to show the woman having no difficulty walking or controllin­g her physical movements.

She said there was no evidence to corroborat­e the woman’s testimony that she was drugged or sexually assaulted.

Mr. Chauhan had also been accused of drugging and sexually assaulting another woman in 2003 with whom he had a relationsh­ip years earlier.

He was found not guilty on those charges as well.

Both doctors told reporters outside court that they were happy with the outcome of the trial.

“It’s been a difficult process, of course, and it’s been a very long process and that’s why I’m looking forward to moving on and putting this behind me,” said Mr. Chauhan.

“I’m very gratified with the result and grateful for her honour’s careful considerat­ion of all the issues,” said Mr. Kayilasana­than.

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