Crown appeals acquittal of former doctor accused of sexual assault
The Crown is appealing the acquittal of a former Regina doctor who was accused of seven counts of sexual assault against five former patients.
A judge found Sylvester Ukabam, a gastroenterologist, not guilty of all charges in May.
In his decision, Justice Brian Scherman said the Crown had not discharged the burden of proof to prove each charge beyond a reasonable doubt.
The file obtained from Saskatchewan’s Court of Appeal said the Crown wishes to appeal, saying the trial judge erred at law by:
- Dismissing the Crown’s application to admit similar fact evidence
- Failing to consider the totality of the evidence
- Speculating about matters not in evidence
The Crown said parties will file written arguments with the Court of Appeal and a hearing date will be set.
Defence lawyer Aaron Fox said he anticipates filing a cross appeal, which has to be filed within 15 days of being served with the notice of appeal.
“In light of the evidence and the findings of the trial judge, we are disappointed that the Crown has decided to appeal,” Fox said in an emailed statement.
Crown appeals counsel Kelly Kaip filed the notice on June 6.
A court date to determine if the appeal can proceed has not been scheduled.