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
Russia puts Ukrainian President Zelenskyy on its wanted list
Russia has put Ukrainian President Volodymyr Zelenskyy on its wanted list, Russian state media reported Saturday, citing the interior ministry’s database.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
Two killed after collision with truck on Hwy. 417 near Limoges, Ont.
Ontario Provincial Police say two people were killed after a car and a transport truck collided in the westbound lanes of Highway 417 near Limoges, Ont. on Tuesday afternoon.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
A candidate for Germany's key party was beaten up while campaigning for European elections
A candidate for Chancellor Olaf Scholz's center-left party in next month's election for the European Parliament was beaten up and seriously injured while campaigning in an eastern city, the party said Saturday.
Explosion at train station leads to discovery of stolen car on Montreal's South Shore: police
Police are investigating after a BMW exploded in the St-Lambert Exo train station parking lot on Montreal's South Shore.
The pros and cons of discussing mental health issues in the workplace
A group of lawyers has written what they call a groundbreaking book about how mental health is perceived in the legal profession.