A former Lac du Bonnet doctor is in court today appealing a conviction for sexually assaulting a patient during an examination in March 2009.
Mohamed Sadhakkathulla Kadirsahib was found guilty a year ago of a single count of sexual assault at the Lac Du Bonnet Health Centre after a woman complained she received an inappropriate breast exam.
The woman lodged a complaint with the College of Physicians and Surgeons of Manitoba and contacted RCMP.
Kadirsahib was acquitted of a second count of sexual assault in December 2008, involving a teenage girl.
Both females had alleged the doctor had fondled their breasts during medical treatment.
Kadirsahib's lawyer Richard Wolson told Court of Queen's Bench judge Rick Saull his client came to Canada from India in 2004 to provide a better life for his wife and son.
He had graduated medical school in India in 1996, but had to upgrade his education before being able to practise under supervision in Manitoba.
In the interim he worked at a convenience store and a gas station and drove a cab to provide for his family.
Wolson said the victim in the case saw Kadirsahib five times complaining of an escalating respiratory illness.
He said the woman also complained of pain in her right breast and pain in right chest, back and abdomen.
Kadirsahib argues he examined the woman for no other reason than for medical purposes and to check for cancerous tumours.
"If cancer was found we wouldn't be here," Wolson said.
The Crown contends Kadirsahib's examination was unneeded.
Kadirsahib also maintains his original lawyer did not represent him properly at trial in that expert witnesses called by the Crown were not adequately cross-examined.
The appeal hearing is scheduled to continue all day.