Crown lawyers are appealing a judge’s decision they argue prevented them from going ahead with the case against an eastern Ontario doctor accused of killing four people.
The notice of appeal filed by the Crown on Tuesday asks for a new trial to be ordered for Dr. Brian Nadler, who was acquitted of four counts each of first-degree murder and criminal negligence causing death.
Prosecutors asked for a directed verdict of acquittal earlier this month as Nadler’s trial was set to begin in Ottawa.
At the time, Crown attorney Robin Flumerfelt said the request was made to ensure the right to appeal pretrial rulings that he says, among other things, excluded the Crown’s expert witness.
The notice filed Tuesday says the trial judge erred by excluding one person’s evidence, limiting another’s evidence, and admitting the evidence of defence experts.
Nadler’s lawyers have said their client maintains his innocence and that the four patients died from COVID-19.
Nadler was initially charged in 2021 with first-degree murder in the death of 89-year-old Albert Poidinger at the Hawkesbury and District General Hospital.
Police then laid three additional charges of first-degree murder against him in the deaths of 80-year-old Claire Briere, 79-year-old Lorraine Lalande and 93-year-old Judith Lungulescu.
Four charges of criminal negligence causing death involving the same four people were added later.