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
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn’t over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball’s highest scorer Caitlin Clark’s first news conference as an Indiana Fever player.
U.S. vetoes a widely supported UN resolution backing full membership for Palestine
The United States has vetoed a widely backed UN resolution that would have paved the way for full United Nations membership for the state of Palestine.
Grandparent scam suspects had ties to Italian organized crime, police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
N.L. gardening store revives 19th century seed-packing machine
Technology from the 19th century has been brought out of retirement at a Newfoundland gardening store, as staff look for all the help they can get to fill orders during a busy season.