Convicted former doctor denied chance to clear name
A former Lac du Bonnet doctor convicted of sexually assaulting a female patient during a routine exam has lost his bid to clear his name and stay out of jail.
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. A judge disagreed at trial last year, finding him guilty and sentencing him to six months behind bars.
Kadirsahib, 41, appeared in court last May seeking to overturn the conviction and receive a new trial. In the alternative, he argued the penalty was too harsh and should be replaced with a conditional sentence.
In a decision released Thursday, Queen's Bench Justice Rick Saull said there were no grounds to interfere with either the verdict or the sentence. He found "no stone was left unturned" by the trial judge in properly examining all of the evidence.
"There is no indication the trial judge misapprehended the evidence put before him or that he erred in his analysis in any way, shape or form," Saull wrote in his decision.
Kadirsahib has been free on bail since his case ended but must be taken into custody to begin serving his sentence.
The incident occurred at the Lac Du Bonnet Health Centre in 2009 and came to light when the woman lodged a complaint with the College of Physicians and Surgeons of Manitoba and the RCMP.
Kadirsahib came to Canada from India in 2004 to provide a better life for his wife and son. He 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.
Defence lawyer Richard Wolson had argued the victim 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 her 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 claimed he examined the woman for no other reason than for medical purposes and to check for cancerous tumours.
Evidence of secret recording causes victim to flee court
A young Winnipeg woman ran from a courtroom in immense distress Thursday while a judge was being shown evidence of how her stepfather quietly victimized her for months by secretly recording her in her bedroom using a hidden motion-sensing camera.
"His actions caused me to lose three years of my life that I will never get back," the victim, through tears, told provincial court Judge Heather Pullan while delivering an impact statement after later regaining her composure and returning to court.
"The mental distress he caused me... I never want to see him again," she told the judge.
The accused, 54, previously pleaded guilty to voyeurism and possession of child pornography. He cannot be identified to protect the victim's identity.
Prosecutors want the first-time offender to spend 18 months behind bars for what they describe as an egregious breach of trust and invasion of privacy.
At age 16, the victim was having problems at home and moved in with him, someone she viewed as a father figure. He installed a fan above the mirror in her room about a month later, court heard.
In January 2011 when she was 17, she came across video clips of herself getting dressed and having consensual sex with her boyfriend, on a computer in her room. She traced the camera back to inside the fan. It had been placed in such a way it captured the area of her bed.
She quickly packed up her things and left, leaving a note alerting the stepdad to the fact he had been found out. He sent her an apologetic text message indicating what he'd done was a mistake. "This is not a mistake," she replied. "How many others have you done this to?"
-- Mike McIntyre, James Turner