From thestar.com
A pair of doctors who were acquitted in court of gang sexual assault after a high-profile trial in 2014 are now facing discipline proceedings before Ontario’s medical watchdog for the same alleged incident.
Toronto’s Dr. Suganthan Kayilasanathan and Dr. Amitabh Chauhan of Hamilton are facing allegations of “conduct unbecoming of a physician” and engaging in “disgraceful, dishonourable or unprofessional conduct,” according to a notice of hearing from the College of Physicians and Surgeons of Ontario.
The notice alleges that Chauhan and Kayilasanathan engaged in sexual activities with a woman, known only as Ms. X, without her consent and/or witnessed each other engage in sexual activities with Ms. X without her consent in February 2011. The notice further alleges that on the same occasion, they administered a drug or drugs to Ms. X without her knowledge.
Chauhan’s criminal lawyer, Marlys Edwardh, who is also one of the lawyers representing him before the college, confirmed that he is facing discipline proceedings “on the identical matters” that were before the court in 2014.
“After a lengthy trial, both Dr. Chauhan and Dr. Kayilasanathan were acquitted,” she said in an email Monday.
Lawyers for Chauhan and Kayilasanathan will be bringing a motion before the college’s discipline committee on Dec. 19 arguing that hearing the case is an abuse of process.
“The abuse of process motion is about the interplay between the acquittal in the criminal case and the basis for it and the college’s ability to prosecute the same case on the same facts,” said Kayilasanathan’s lawyer, Tom Curry, who declined to comment further.
At least 23 days throughout 2017 have been booked for the discipline hearing.
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