An eastern Ontario doctor facing four charges of first-degree murder and negligence causing death in connection with the deaths of four seniors at a Hawkesbury, Ont. hospital was acquitted on all charges at the Ottawa courthouse on Tuesday.
In March 2021, Brian Nadler was charged after OPP were called to Hawkesbury and District General Hospital to investigate the death of 89-year-old Albert Poidinger, of Pointe-Claire, Que. Nadler was a doctor at the hospital at the time.
A year later, in August 2022, the OPP charged Nadler with three additional counts of first-degree murder. Those charges stemmed from the deaths of Claire Briere, 80, of Rigaud, Que.; Lorraine Lalande, 79, of Hawkesbury, Ont.; and Judith Lungulescu, 93, of East Hawkesbury Township, Ont. At the time, the hospital said all of the victims were patients under the care of Nadler.
Last week, CTV News reported that Nadler was expected to be acquitted after the Crown attorney in the case did not call any evidence when the trial began on Tuesday.
Superior Court Justice Kevin Phillips had ruled to exclude some of the Crown’s evidence that hinged on expert testimony, including from a hematologist.
Crown prosecutors said the exclusion of the expert testimony meant that they no longer had a reasonable chance of conviction.
“In light of this court’s evidentiary rulings, including the exclusion of the Crown’s expert evidence, there is no longer a reasonable prospect of conviction. The effect of this court’s evidentiary rulings is to exclude evidence sufficiently important to the prosecution that the Crown is unable to continue,” said Crown attorney Robin Flumerfelt in court on Tuesday.
Prosecutors say they asked for the acquittal because a stay or withdrawal of the charges would mean there would be no possibility of an appeal of the case in the future.
Nadler has maintained his innocence, with his lawyers claiming in 2022 that all four of the victims had died of COVID-19. Nadler has been out on bail for the last three years under several conditions, including a ban on practicing medicine.