Saskatoon StarPhoenix

Former Regina gastroente­rologist acquitted of sexual assault charges

- BRANDON HARDER

Saying the burden of proof must be met beyond a reasonable doubt, a Saskatchew­an judge found a former Regina doctor not guilty of seven counts of sexual assault. Sylvester Ukabam walked out of Regina Court of Queen's Bench last week expressing relief.

Justice Brian Scherman delivered a summary of what he termed "a very difficult decision” to a full courtroom.

The trial began in early January and ran for approximat­ely four weeks, during which Ukabam, then 76, heard five of his former patients testify that they were sexually assaulted under his care.

“At the end of the day, the decision-maker has to be sure,” Scherman said on Wednesday, citing case law regarding the presumptio­n of innocence for the accused and the Crown's burden of providing proof beyond a reasonable doubt.

Scherman said his decision did not mean he necessaril­y believed Ukabam, and nor did it mean the complainan­ts can't be believed.

“My conclusion flows from the fact that, given the reliabilit­y concerns I had with the complainan­ts' evidence, I cannot be certain, cannot be sure, what they perceived was happening, in fact, happened,” Scherman said.

Crown prosecutor Jackie Lane said that in “a matter like this, the Crown never wins or loses. As justice system participan­ts, what we want is a fair trial.”

During the trial, Crown lawyers Lane and Alexandra Findlay offered a narrative of betrayed trust and the courage to overcome fear by women who had been violated by a man in a position of power.

Ukabam's lawyers, Aaron Fox and Matt Schmeling, offered a theory of confusion and “unintentio­nal collusion.” Fox repeatedly pointed to the issue of reliabilit­y with the complainan­ts' testimony.

“It was a difficult case for everybody involved, whether you were the complainan­t or the accused, their families or supporters; it just is an extremely difficult situation,” Fox told reporters as his client stood nearby.

“I'm so glad. I've finally got justice,” Ukabam said.

In Scherman's written decision, he dismissed an applicatio­n by the Crown for similar fact evidence to be applied to the case, which would've allowed evidence from each complainan­t to supplement evidence given by the others.

Regarding one complainan­t's allegation that the former gastroente­rologist placed a finger in her vagina while she was sedated and undergoing a colonoscop­y, Scherman concluded “on a balance of probabilit­ies basis” that it did not occur. Similarly, regarding another complainan­t who alleged her breast was touched, he decided what had occurred was a chest examinatio­n.

“In their cases there were clear reasons why they could be mistaken in their perception­s of what happened,” he wrote.

In the cases of the other three women, all of whom testified Ukabam had touched their vaginas, he wrote, “my assessment was that there is a reasonable possibilit­y that, for whatever reason, they were mistaken in what they perceived.”

 ?? KAYLE NEIS ?? Sylvester Ukabam, right, was cleared of seven counts of sexual assault last week, in what Justice Brian Scherman described as `a very difficult decision'.
KAYLE NEIS Sylvester Ukabam, right, was cleared of seven counts of sexual assault last week, in what Justice Brian Scherman described as `a very difficult decision'.

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