Crown seeking new trial against eastern Ontario doctor acquitted of killing 4 patients
CTV
Crown attorneys are seeking a new trial against Brian Nadler, a doctor acquitted of murder charges last month in connection with the deaths of four patients at an eastern Ontario hospital, court documents show.
Crown attorneys are seeking a new trial against Brian Nadler, a doctor acquitted of murder charges last month in connection with the deaths of four patients at an eastern Ontario hospital, court documents show.
Before his trial was set to begin on June 2, Nadler, 35, was cleared of four charges of first degree murder and negligence causing death in an unusual move by Crown prosecutors to call no evidence in the case and to ask an Ottawa Superior Court judge to acquit him.
Crown prosecutors asked for the acquittals after Justice Kevin Phillips had ruled to exclude some of the evidence that hinged on expert testimony and believed they no longer had a reasonable chance of conviction. Prosecutors said a stay or withdrawal of the charges would mean there would be no possibility of an appeal of the case in the future.
A notice of appeal was filed by Crown lawyers with the Superior Court of Justice in Ottawa on Tuesday, alleging Phillips made a mistake in excluding the evidence of the prosecution's expert doctor, limiting the evidence of another and admitting the evidence of defence experts.
Crown lawyers are asking the court to set aside the acquittals so a new trial can be ordered.
Nadler’s lawyer told CTV News on Wednesday the appeal had been expected.
"It's our view that the appeal is without merit and we look forward to the opportunity to respond in the Court of Appeal," said lawyer Brian Greenspan.
