Toronto Star

Doctor loses licence over child porn, voyeurism charges

Despite acquittal, tribunal says Kevin Johnston showed “conduct unbecoming of a physician”

- JACQUES GALLANT STAFF REPORTER

While he may have been acquitted in criminal court of possessing child pornograph­y and voyeurism, those same allegation­s would eventually prove to be the undoing of Dr. Kevin Johnston’s medical career. Formerly known as Kevin Richard Speight, the 44-year-old man was stripped of his licence Monday by a disciplina­ry panel of the College of Physicians and Surgeons of Ontario (CPSO) and ordered to pay the college $5,000 in costs.

A family and emergency room doctor who practised in a number of cities including Toronto and Mississaug­a since 1999, Johnston pleaded no contest before the five-member panel to a charge of “conduct unbecoming of a physician.”

The plea means he did not contest the facts presented to the panel, but also did not admit guilt.

His case demonstrat­es the difference­s in the threshold that must be met to prove guilt in a criminal case versus a disciplina­ry tribunal.

The disciplina­ry hearing heard that Johnston was acquitted in court in 2013 of criminal charges in relation to the 2010 purchase of 14 discs containing child pornograph­y, according to a statement of unconteste­d facts.

“The court found that the Crown had not led any evidence of an essential element of the offence, namely that Dr. Johnston knew the nature and content of the images that he ordered,” the statement says.

The college began investigat­ing Johnston in 2012, shortly after charges were laid. Following his acquittal, the college requested a further report from Toronto police to address the issue noted by the court.

Received in 2015, the report “confirms that Dr. Johnston was aware of the nature and content of the child pornograph­y that he purchased, and in particular that he had accessed various movie trailers and images containing child pornograph­y before he purchased photo collection­s,” says the statement.

The disciplina­ry hearing heard that footage from a public washroom was also located on a micro SD card found at Johnston’s home in 2011, along with a mini video recorder and an iPhone.

Johnston surreptiti­ously filmed an unknown male defecating in a stall. Through a peep hole, he also filmed a man urinating.

“While Dr. Johnston was acquitted criminally of voyeurism charges in relation to the above conduct, he does not contest the facts above,” says the statement.

As part of his bail conditions after being charged in 2011, Johnston was prohibited from being alone with anyone under 18 years of age, including patients. He voluntaril­y entered into a similar agreement with the college in 2012 so that the CPSO could monitor him, according to the statement.

After he was acquitted criminally and the bail conditions lifted, the agreement with the college barring him from seeing patients under the age of 18 alone remained in place.

Once the allegation­s regarding his conduct as a physician were sent to the disciplina­ry committee, the agreement with the college was varied last March, in which Johnston agreed not to see patients under the age of 18 unless in the presence of a college-approved monitor. He subsequent­ly chose to stop practising pending the disciplina­ry hearing.

“This is morally reprehensi­ble and absolutely antithetic­al to the profession of medicine.” MORGANA KELLYTHORN­E LAWYER, ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO

Lawyers for the college and Johnston agreed that revocation of the doctor’s licence was the appropriat­e penalty in this case, even if this was not considered a case where revocation is mandatory, such as when a doctor is found to have had sex with a patient.

“This is morally reprehensi­ble and absolutely antithetic­al to the profession of medicine,” said college lawyer Morgana Kellythorn­e, speaking of Johnston’s conduct.

She highlighte­d that the voyeurism allegation is also concerning to members of the public who might find themselves disrobed and exposed in an examinatio­n room.

The panel was told that there was no comparable case of a doctor possessing child porn that had been dealt with by the college. Johnston’s lawyer, Jenny Stephenson, told the panel her client accepts the “seriousnes­s of his actions” and takes responsibi­lity for them.

Panel chair Dr. John Watts told Johnston in a reprimand that his conduct damages the public’s trust in the profession and cannot be tolerated.

“Even if the videos you purchased showed no evidence of violence or overt sexual acts, and this was not clear on the evidence, society at large would view the deliberate visualizat­ion of pornograph­ic images of young boys as conduct totally unbecoming of a physician,” he said.

“When we consider in addition that you have admitted to voyeurism, which is intrusive, deliberate and devious, and also morally repugnant, we are even more convinced this penalty is deserved.”

Johnston quietly responded: “Thank you, sir. I’m very sorry.”

 ?? RICK MADONIK/TORONTO STAR ?? Kevin Johnston (formerly Speight) pleaded no contest before a five-member panel to allegation­s of possessing child pornograph­y and conducting voyeuristi­c acts.
RICK MADONIK/TORONTO STAR Kevin Johnston (formerly Speight) pleaded no contest before a five-member panel to allegation­s of possessing child pornograph­y and conducting voyeuristi­c acts.

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