Manitoba court declines to follow Ukabam decision on similar fact evidence

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Manitoba court declines to follow Ukabam decision on similar fact evidence
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The judge of a Manitoba sexual assault case declined to follow the reasoning of a Saskatchewan judge who ruled on a similar case. skpoli

This advertisement has not loaded yet, but your article continues below.Scherman found that the similarities in the evidence of the complainants in the Ukabam case — with the exception that four of five alleged he digitally penetrated their vaginas — were generic to their being patients of the former gastroenterologist.

“I am unable to conclude that the force of similar circumstances logically defies innocent explanation on the part of Dr. Ukabam.”Article content “Defence counsel urged me to follow the approach taken by the trial judges in those cases, with an emphasis on two aspects. One is in relation to the analysis of similarities between the complainants’ allegations. The other is in relation to the assessment of the likelihood of coincidence. With respect, I decline to follow the approach taken in those cases to these issues,” Bond wrote.

Scherman had noted Ukabam did thousands of examinations over 17 years in his assessing whether “similarities exist as to make coincidences or innocent explanation improbable.”

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