Winnipeg Free Press - ONLINE EDITION
Posted: 12/12/2013 3:25 PM | Comments: 0
A former Lac du Bonnet doctor convicted of sexually assaulting a female patient during a routine exam has lost his appeal.
Mohamed Sadhakkathulla Kadirsahib claimed he did nothing wrong when he touched the woman's breasts and put his hands down her pants while diagnosing the cause of her severe cough.
But a judge disagreed at trial last year, finding him guilty and sentencing him to six months in jail. Kadirsahib, 41, appeared in court last May seeking to overturn the conviction and receive a new trial.
In a decision released today, Queen’s Bench Justice Rick Saull said there were no grounds to interfere.
Kadirsahib has been free on bail since his case ended but will now have to be taken into custody to begin serving his sentence.
The incident occurred at the Lac Du Bonnet Health Centre. The woman lodged a complaint with the College of Physicians and Surgeons of Manitoba and contacted RCMP.
Kadirsahib's new lawyer, Richard Wolson, argued on appeal that his client might have fared better at trial if his lawyer at the time had cross-examined the Crown's witnesses more aggressively and had taken more adequate steps to prepare Kadirsahib for his own testimony.
"The failure to do these things affects trial fairness," Wolson told Saull. "Having a prepared witness is absolutely critical for an advocate."
Crown attorney Breta Passler said there was nothing wrong in the way Kadirsahib's trial was conducted and nothing wrong in his conviction.
"Touching done without consent is an assault," she said.
Wolson said Kadirsahib came to Canada from India in 2004 to provide a better life for his wife and son.
He had graduated from 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.
The woman testified during an exam the doctor touched her nipples and there was "a lot of kneading contact with my breasts that went beyond typical breast examinations."
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.
Having problems with the form?Contact Us Directly
City can't afford rival's promises: Wasylycia-Leis
Bowman says voting for him is only way to stop Judy W-L
Ouellette says disaffected aboriginal and young people have helped increase his support
Body found in river identified as man missing since August
Drop by News Café on election night
U-Haul workers find deceased infants inside 'delinquent storage locker'
Alcohol may be a factor in crash on Trans-Canada Highway near Oak Lake
One of two officers acquitted of attempted murder staying with WPS
KE kids returning to school Wednesday
St. Boniface selected as finalist in Great Places in Canada contest
Door-to-door mail ends quietly
Warm again today, chance of showers Wednesday
Father-killer seeks freedom
Investigated cop suing police, fellow officer
Poll could be bad for Bowman
Reader shares positive story about city police officers
Mayoral Race Roundup
Unfazed by poll dip: Judy W-L
Vision: n. ability to plan or form policy in a far-sighted way
Body parts scattered around city
Rights case on reserves' child care nearing end
Murray's exit not payback: Glover
HSC shows off special isolation rooms
Brandon priest under investigation for alleged fraudulent purchases