EVIDENCE - Methods of proof - Circumstantial evidence - Similar fact evidence

Law360 Canada ( November 3, 2017, 8:36 AM EDT) -- Appeal by the accused, Doodnaught, from a conviction for 21 counts of sexual assault. The accused was a senior anesthesiologist who worked at a large general hospital. In the course of investigation of a single complaint, several female patients came forward with complaints of sexual misconduct by the accused while they were under conscious sedation after the accused administered a spinal anesthetic. The alleged sexual contact included kissing, touching and fondling patients' breasts, placement of the accused's penis in patients' hands and inserting his penis into patients' mouths. The assaults were allegedly committed while concealed from view behind draping separating the sterile surgical area from the non-sterile area where the accused was positioned for the purpose of monitoring the patients. The trial judge concluded that the accused had the opportunity to commit the offences as the complainants were in a sedated and vulnerable state and the accused was shielded from the view of other medical personnel focused on their respective roles in the surgery. The trial judge rejected the contention that the anesthetic rendered patients' accounts of the misconduct unreliable. The evidence, viewed independently on each count without regard to the others, established that 18 of the assaults had been proven on a balance of probabilities. The remaining three counts, viewed together, left no rational conclusion other than guilt. The accused appealed....
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