Former Regina doctor cleared of multiple sexual assault charges
WARNING: Coverage of this trial contains details of sexual assault allegations.
A former doctor accused of multiple sexual assaults has been found not guilty by a Regina judge, following a lengthy trial.
Sylvester Ukabam, a gastroenterologist who practiced in Regina before giving up his medical license in 2018, pleaded not guilty to seven sexual assault charges filed against him by five former patients.
Justice Brian Scherman said it was a difficult decision, but ultimately he found Ukabam not guilty on each of the charges.
“I have concluded the Crown has not discharged the burden of proof to prove each charge beyond a reasonable doubt,” Scherman wrote.
The five complainants took the stand throughout the trial. Four said Ukabam inserted his finger into their vaginas during medical procedures and one said he touched her breasts during an exam.
Scherman said it came down to reliability, not credibility.
In the decision, Scherman said he does not conclude that the complainants are not credible witnesses in the sense that they honestly believe what they have testified to, with one potential exception.
“The overarching issue in respect of the complainant’s evidence is the reliability of their respective evidence,” he said. “There is, at minimum, a reasonable possibility that each of the complainants misinterpreted and/or do not reliably remember what occurred.”
Some reasonings he gave for questioning their reliability include sedation at the time of alleged assaults, inconsistencies in testimonies at trial and potentially having memories altered after seeing initial complaints in the media.
After reviewing all of the evidence, Scherman said he was unable to justify not believing Ukabam.
“While his general denials of any wrongdoing standing in isolation may have less weight, his medical justifications, or explanations as to what would have happened and why, were, in the context of the Crown’s own expert witness Dr. Lumb, reasonable,” the decision said. “This is not a positive finding to the effect that I necessarily believe Dr. Ukabam.”
Following the decision at Court of Queen’s Bench, Ukabam said he feels vindicated by the decision.
“The past five years have been devastating, but I thank God that it is all over,” Ukabam. “The future is good.”
His defence lawyer, Aaron Fox, said Ukabam does not intend to return to practicing medicine.
Fox said he agrees with Justice Scherman’s comments about the case turning on reliability instead of credibility.
“It was a difficult case for everybody involved, whether you were the complainant or the accused and their families and supporters,” Fox said. “It just is an extremely difficult situation.”
Fox said the crown’s expert witness, Dr. Barry Lumb, was an important factor.
“His evidence was very significant in really identifying how there was a reliability issue here,” Fox said. “The defence experts simply confirmed what Dr. Lumb was already saying.”
Crown prosecutor Jackie Lane said their team would be reviewing the decision and would then determine any further steps.
“As justice system participants, what we want is a fair trial. A fair trial is a trial that is fair for both the accused and the complainants,” Lane said.
CTVNews.ca Top Stories
Half of Canadians have negative opinion of latest Liberal budget: poll
A new poll suggests the Liberals have not won over voters with their latest budget, though there is broad support for their plan to build millions of homes.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
'One of the single most terrifying things ever': Canadian couple among tourists on sinking sailing boat tour abroad
A Toronto couple are speaking out about their “extremely dangerous” experience on board a sinking tour boat in the Dominican Republic last week.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Ottawa injects another $36M into vaccine injury compensation fund
The federal government has added $36.4 million to a program designed to support people who have been seriously injured or killed by vaccines since the end of 2020.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
An Ontario senior called Geek Squad for help with his printer. Instead, he got scammed out of $25,000
An Ontario senior’s attempt to get technical help online led him into a spoofing scam where he lost $25,000. Now, he’s sharing his story to warn others.
Accused of burglary at stepmother's home, U.S. senator says she wanted her father's ashes: charges
A Minnesota state senator and former broadcast meteorologist told police that she broke into her stepmother's home because her stepmother refused to give her items of sentimental value from her late father, including his ashes, according to burglary charges filed Tuesday.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.