Nova ScotiaAn 83-year-old former Halifax-area dentist has been acquitted of assaulting multiple child patients in the 1970s and 1980s, with a judge ruling Thursday she was concerned the memories of the complainants had been tainted by allegations read in the news or on social media.Dr. Errol Gaum faced charges dating to 1970s, 1980s involving 4 complainantsListen to this articleEstimated 3 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.Halifax dentist Errol Gaum is shown at Halifax provincial court on Friday, Jan. 5, 2024. (Richard Cuthbertson/CBC)An 83-year-old former Halifax-area dentist has been acquitted of assaulting four child patients in the 1970s and 1980s, with a judge ruling Thursday she was concerned the memories of the complainants had been tainted by allegations read in the news or on social media.Judge Elizabeth Buckle told a Halifax provincial courtroom it wasn’t that she disbelieved the testimony of the alleged victims of Dr. Errol Gaum, but she said she had not been persuaded beyond a reasonable doubt that he was guilty.“I recognize that this verdict may be difficult for the complainants to understand,” Buckle said. “They may wonder if I don’t disbelieve them, how can he be found not guilty? It may feel unfair because the system is tilted in favour of the accused. “The response to both of those concerns is because our system of criminal justice recognizes the presumption of innocence and the high burden on the Crown to prove guilt beyond reasonable doubt.”Gaum was charged in early 2022, a little more than a year after his licence was suspended when allegations emerged publicly that he used excessive force while treating child patients.The case at trial involved charges related to four complainants. The court also heard from a number of other witnesses, including an expert, as well as two women who testified they were former patients and gave “similar fact evidence.”’Unconscious tainting’The retired dentist was accused of slapping patients when they were children, with the earliest allegation at trial dating back 55 years. Some complainants testified they only went to see Gaum once, others multiple times.One of the issues in the case was news articles about allegations against Gaum, along with a Facebook group set up for victims and discussions about a class-action lawsuit. All of the complainants had seen the news stories or social media posts. Some had posted in the group.“I do not believe that there was any intentional collusion or collaboration here,” Buckle said. “However, there is a high risk of unintentional and perhaps even unconscious tainting.”The defence had questioned whether the incidents had even occurred, whether Gaum was in fact the dentist, and had argued that even if he had done what was alleged he was attempting to protect the child. Lawyer Nick Fitch said in his closing submissions in July that pediatric dentists dealt with the most difficult patients, including children who were combative.Gaum and Fitch both declined to comment following the decision.Prosecutor Stephen Anstey said there were difficulties in what witnesses could remember given how much time has passed. One of the issues faced by the Crown was that corroborating evidence such as patient records and dental board records had long ago been destroyed.“But the Crown believed that the number of witnesses saying similar things was sufficient that we had a viable case to put before the court,” he said.He said the fact the judge found the case had not been proven beyond a reasonable doubt “does not take away anything from the victims and the strength that they had to show in order to come forward and testify.”MORE TOP STORIESABOUT THE AUTHORRichard Cuthbertson is a journalist with CBC Nova Scotia. He can be reached at richard.cuthbertson@cbc.ca.
Retired dentist accused of slapping child patients decades ago acquitted of assault
