Judge refuses to delay psychiatrist’s sex trial
The trial for a onceprominent Calgary forensic psychiatrist charged with sexually assaulting 10 male patients will go ahead as scheduled next week, a judge ruled Thursday.
Court of Queen’s Bench Justice Donna Shelley rejected an application by lawyer Alain Hepner — who represents Dr. Aubrey Levin, 73 — to delay the trial for three months because of his client’s health issues.
Shelley agreed with two doctors who testified during the pretrial hearing that Levin has suffered from congenital heart failure, danger of liver failure, Type 2 diabetes and spinal stenosis that causes him back pain.
But she said she was not convinced that Levin would be in any better health to face trial in three months.
Shelley said it is in the best interest of the accused and the public that the trial be held as soon as possible, and that rescheduling some 26 Crown witnesses, many of them alleged victims and experts, would not be practical or necessary.
“These are long-standing chronic conditions that have been managed for some time,” Shelley said. “It is clear that Dr. Levin is not in optimal health, but he has not been in optimal health for many years. And it is not likely that he will ever be in optimal health again.
“I am not persuaded an adjournment is required for Dr. Levin to continue to receive such treatment.”
Shelley said morbid obesity, as a result of gaining more than 20 kilograms of weight in recent years, “seems to be a major contributor to his health issues.” She also said the court could take steps to accommodate Levin’s health problems during the trial.
Hepner had argued Levin’s illnesses had become more acute over the past month and that he could be stabilized over the next three months.
“To force this on him, in spite of his precarious health, is not realistic.”
Crown prosecutor Bill Wister argued that such a late adjournment would make it very difficult to reschedule experts from across the United States and Canada, as well as one international witness.
“Dr. Levin has been under care of these doctors for a long period of time. He’s not hospitalized or at a risk of being hospitalized,” Wisterhad argued. “He can be managed in the community.”
Levin, who has been a doctor since 1964, had originally faced 21 counts of sexual assault. However, 11 of them were withdrawn during and at the conclusion of his preliminary hearing.
He was initially charged with sexual assault on March 23, 2010, in relation to the initial complaint by a former male patient.
By July 2010, Calgary police had laid 20 additional counts of sexual assault after other men came forward with similar allegations.
Levin, first licensed by the Alberta College of Physicians and Surgeons 15 years ago, has been suspended and has not practised since the first charge was laid.
He previously practised psychiatry in South Africa before coming to Canada about 15 years ago.
Court heard two juries could be picked today for the case, one for a fitness to stand trial hearing and the other for the trial.