Crown appeals for new trial against doctor acquitted of murdering 4 patients

The provincial Crown's office wants Ontario's highest court to toss the acquittal of a doctor who had been accused of murdering four of his patients during the COVID-19 pandemic in 2021, and order a new trial against him.

A trial for Dr. Brian Nadler who once practisedabouthalfway between Ottawa and Montreal out of Hawkesbury and District General Hospital had been set to run for five weeks starting July 2.

But in a stunning move at the 11th hour, his high-profiledefence teamand then the Crown announcedNadlerwould walkfree that day after a short proceeding in which the Crown would callno evidence, and ask anOttawa Superior Court judge for acquittals on all counts.

That's what came to pass. Outside court that day, Toronto-based defence lawyer Brian Greenspan calledthe acquittals"vindication" for his client, and saidit's "tragicthat Dr. Nadler's life and reputation have been clouded by the innuendo of suspicion surrounding these deaths for the past threeyears."

Nadler had been accused of four counts of first-degree murder and four counts of criminal negligence causing death involving four of his patients:89-year-old Albert Poidinger,80-year-old Claire Briere, 79-year-old Lorraine Lalande and 93-year-old Judith Lungulescu.

A notice of appeal filed with Ontario's appellate court late Tuesdayafternoon alleges Superior Court Justice Kevin Phillipswasmistaken when he decided to excludeall the evidence of one of the Crown's experts, limited what another Crown expert could say, and admitted evidence of unspecified experts for the defence.

On Wednesday morning, Greenspan said the defence team believes "there is nomerit to the appeal, and we look forward to responding in full before the Ontario Court of Appeal."

'These rulings have decided the case'

The excluded and limited Crownevidence was important enough that prosecutors no longer felt they had a reasonable chance of success, the Crown told CBC News two days before Nadler'sacquittal.

"For all practical purposes, these rulings have decided the case against the Crown,"major case prosecutor Robin Flumerfelt, based in Toronto, wrote in an email at the time.

In order to preserve its right to appeal the pre-trial rulings, the Crown had to askfor Nadler to be arraigned and acquitted, Flumerfeltadded.

Prior to his acquittal, Nadler hadbeen 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.

Criminal negligence charges had been laid in February

Nadler was initially charged with first-degree murder in March 2021 in connection with Poidinger's death.

Ontario Provincial Policelater laid three additional charges of first-degree murderin the deaths of Briere, Lalande and Lungulescu.

In February, a new indictment against Nadleraddedfour charges of criminal negligence causing death involving the same four patients.

Court documents allegedPoidinger was murdered on March 26, 2021, and the three others were murderedon March 25.

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