Crown attorneys are seeking a new trial against Brian Nadler, a doctor acquitted of murder charges last month in connection with the deaths of four patients at an eastern Ontario hospital, court documents show.
Before his trial was set to begin on June 2, Nadler, 35, was cleared of four charges of first degree murder and negligence causing death in an unusual move by Crown prosecutors to call no evidence in the case and to ask an Ottawa Superior Court judge to acquit him.
Crown prosecutors asked for the acquittals after Justice Kevin Phillips had ruled to exclude some of the evidence that hinged on expert testimony and believed they no longer had a reasonable chance of conviction. Prosecutors said a stay or withdrawal of the charges would mean there would be no possibility of an appeal of the case in the future.
A notice of appeal was filed by Crown lawyers with the Superior Court of Justice in Ottawa on Tuesday, alleging Phillips made a mistake in excluding the evidence of the prosecution’s expert doctor, limiting the evidence of another and admitting the evidence of defence experts.
Crown lawyers are asking the court to set aside the acquittals so a new trial can be ordered.
Nadler’s lawyer told CTV News on Wednesday the appeal had been expected.
“It’s our view that the appeal is without merit and we look forward to the opportunity to respond in the Court of Appeal,” said lawyer Brian Greenspan.
Nadler was charged in March 2021 with first-degree murder in connection with the death of Albert Poidinger, 89. A year later in August 2022, he was charged with three additional counts stemming from the deaths of Claire Briere, 80, Lorraine Lalande, 79 and Judith Lungulescu, 93.
He was later additionally charged with negligence causing death for the same patients.
Nadler, 35, was a doctor at the Hawkesbury and District General Hospital at the time. Nadler has maintained his innocence, saying the patients died of COVID-19.
Nadler, along with his mother and sister, launched a $20 million lawsuit against the hospital and several staff members shortly after his acquittal, including the hospital’s CEO, chief of staff, a nurse and chief of general medicine at the time. The lawsuit is seeking damages for “defamation, abuse of process, conspiracy and wrongful dismissal.”
In their statement of defence, the hospital and other defendants denied all allegations made by Nadler.
With files from CTV News Ottawa’s Katie Griffin