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The Crown has appealed the acquittal of a former Regina doctor who was accused of sexually assaulting five women who were his patients.
Sylvester Ukabam, 76, was acquitted May 18. His trial ran from Jan. 10 to Feb. 3 in front of Regina Court of Queen’s Bench Justice Brian Scherman.
In a notice of appeal filed Monday with the Court of Appeal, the Crown laid out its reasons for its decision. It said Scherman erred at law:
- In his dismissal of the Crown’s application to admit similar fact evidence;
- By failing to consider the totality of the evidence; and
- By speculating about matters not in evidence.
The Crown also said it was basing its appeal on “such further and other grounds as counsel for the Crown may request and this Honourable Court may allow.”
During the trial, five women testified they were sexually assaulted by Ukabam during medical exams he performed as a gastroenterologist.
He had pleaded not guilty to all seven charges he faced.
In a written decision, Scherman said it was possible four of the women were mistaken about what the doctor did during their exams. He determined the fifth woman received a chest exam, not a breast exam as she claimed.
The alleged incidents that led to the charges occurred between 2010 and 2017. Ukabam surrendered his medical licence in 2018.
— With files from The Canadian Press
