Dr. Brian Nadler expected to be acquitted of murder, criminal negligence charges - Action News
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Dr. Brian Nadler expected to be acquitted of murder, criminal negligence charges

Dr. Brian Nadler, who formerly practised at a hospital in Hawkesbury, Ont., and was facing eight charges in connection to the deaths of four patients, will likely be acquitted on all counts on Tuesday, according to both Crown and defence counsel.

Pre-trial rulings made important evidence inadmissible, left Crown 'unable to continue'

A photo of a man with glasses.
Dr. Brian Nadler was accused of first-degree murder involving one patient in March 2021, then was charged with three more counts involving three other patients in August 2022. Charges of criminal negligence causing death involving all four patients were laid in February this year. (Professional Association of Resident Physicians of Alberta)

Dr. Brian Nadler, who formerly practised at a hospital in Hawkesbury, Ont., and is facing eight charges in connection to the deaths of four patients, is expected to be acquitted on Tuesday, according to both Crown anddefence counsel.

Brian Greenspan saidSaturday that his client will likely be acquitted of all eight charges against him four counts of first-degree murder and four counts of criminal negligence causing death on the first day of what was supposed to be a five-week trial in Ottawa.

The trial had originally been scheduled to start in June, but was pushed back to Tuesdayas pre-trial matters before Ontario Superior Court Justice Kevin Phillipscontinued right throughto the end of thisweek.

News of the pending acquittals was first reported in the Ottawa Citizen Friday.

'These rulings have decided the case'

CBC hadbeen trying to reach Crownprosecutors this week for an update on what would be happening Tuesday,and received a responseSaturday afternoon.

The pre-trial judge decided to make certain evidence inadmissible, the Crown said. That evidence was important enough that the Crown felt it no longer had a reasonable chance of success.

"The Crown has concluded that the effect of this court's evidentiary rulings is to exclude evidence sufficiently important to the prosecution that the Crown is unable to continue," prosecutor Robin Flumerfelt wrote in an email.

"For all practical purposes, these rulings have decided the case against the Crown."

In order to be able to appeal the pre-trial rulings, the Crown will ask for Nadler to be arraigned, Flumerfelt wrote,"after which we will call no evidence and ask for directed verdicts of acquittal on all counts."

Nadler has been out of custody on bail since July 2021.

The College of Physicians and Surgeons of Ontario suspended his licence to practicedays after he was first charged.

A man standing in a field, smiling.
Nadler has been the subject of much publicity in the years leading up to his trial. (Brian Nadler/LinkedIn)

Criminal negligence charges had been laid in February

Nadler was initially charged with first-degree murder in March 2021 in connection with the death of 89-year-old Albert Poidinger at the Hawkesbury and District General Hospital.

Police later laid three additional charges of first-degree murderin the deaths of 80-year-old Claire Briere, 79-year-old Lorraine Lalande and 93-year-old Judith Lungulescu.

Court documents allege Poidinger was killed on March 25, 2021, and the three others died "on or about" that date. The documents say Briere, Lalande and Lungulescu also died in Hawkesbury, Ont.

In February, a new indictment against Nadlerfiled in Ottawa included four new charges of criminal negligence causing death involving the same four patients.

Nadler'sToronto-based defence team hadmaintained their client's innocence and had saidhis patients died ofCOVID-19.