Former Regina gastroenterologist acquitted of sexual assault charges
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.”