Dr. Alan Cockeram seeks details about dropped criminal case

Lawyers for Saint John specialist Dr. Alan Cockeram say the key to establishing his innocence on professional misconduct allegations may lie in the Crown's withdrawal of criminal charges against him back in July 2013.

Cockeram is facing 23 complaints in front of the New Brunswick College of Physicians and Surgeons from women who accuse him of conducting inappropriate and unnecessary breast exams between 1987 and 2011.

But several of those complaints were also part of a criminal investigation by the Saint John Police Department.That investigation led to nine charges being laid by February 2013 against Cockeram but Crown prosecutors withdrew them five months later saying the case was "not viable."

Cockeram's lawyers have applied under the province's Right to Informationand Protection of Privacy Act to obtain all files on the criminal case but those requests were denied by both the police and Crown. Cockeram has turned to the courts to try and have those denials overturned.

Cockeram lawyer Matthew Letson told Court of Queen's Bench Justice Thomas Christie Wednesdaythat if anything in the abandoned criminal prosecution points to Cockeram's innocence the doctor has a right to see it and use it at his upcoming disciplinary hearing.

Saint John City Police lawyer James LeMesurier and New Brunswick government lawyer Michael Hynes both maintain the information gathered during the criminal investigation is exempt from the province's right to information law and initially refused to provide even a list of the documents they are not disclosing, as the law requires.

Letson told the court Cockeram plans to challenge the Right to Information exemptions as a violation of his constitutional protections under the Charter of Rights and Freedoms, but asked at a minimum lists of the documents that do exist should be provided.

Christie agreed that should be done.

The province did compile its list in advance of the court hearing but LeMesurier said police would require 60 days to put one together.

However, LeMesurier said if Cockeram's lawyers do make a Charter argument to see the actual documents on the list it is likely his disciplinary hearing in January will have to be postponed again.

Christie said he doubted anyone wanted that and told all parties to return to courtAug.18to work out how a constitutional challenge might proceed.