Article contentBut she said the Canadian criminal justice system recognizes an accused’s presumption of innocence and the “high burden” on the Crown to prove guilt beyond a reasonable doubt.Article content“In this case, I am simply not convinced beyond a reasonable doubt,” Buckle said. “My decision is just that, and nothing more.Article content“I have not concluded these incidents did not happen. All I have found is that I have a reasonable doubt. That was my sole task. As such, I find Mr. Gaum not guilty on all counts.”Article contentGaum and defence lawyer Nick Fitch had no comment as they left the courtroom.Article contentThe Provincial Dental Board suspended Gaum’s licence in November 2020, when Halifax Regional Police opened a criminal investigation after receiving more than 100 complaints that he had assaulted patients over a period of almost 50 years.Article contentInvestigators laid 10 charges involving seven complainants in March 2022.Article contentArticle contentGaum’s lawyers applied for a stay of proceedings in January 2024, saying it would be impossible for the elderly man to get a fair trial because of the passage of time.Article contentGaum claimed the loss of memory, records and witnesses over the years would limit his ability to challenge Crown witnesses on cross-examination and mount a full defence to the charges. His lawyers said that would be a violation of his right to a fair trial under the Canadian Charter of Rights and Freedoms.Article contentBuckle decided it would be best for her to wait until the end of the trial to rule on the stay application.Article content Crown attorneys Stephen Anstey and Lauren Lindsay speak with reporters at Halifax provincial court Thursday after retired pediatric dentist Errol Franklyn Gaum was found not guilty on four historical charges of assault. Photo by Steve BruceArticle contentCrown attorneys Stephen Anstey and Lauren Lindsay met with reporters following Thursday’s verdict.Article contentAnstey said there always will be difficulties with what a witness can remember when testifying about incidents that happened so long ago.Article content“There was also the issue of the fact that we didn’t have a lot of the corroborative evidence that might have been helpful: medical records, dental records, photographs, layouts, information from the dental board that was not available to us,” he said.Article contentArticle content“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.”Article contentAnstey stressed, as the judge did, “that this is not a finding that these incidents did not happen.Article content“The finding is that the Crown did not prove its case beyond a reasonable doubt,” he said. “That does not take away anything from the victims and the strength that they had to show in order to come forward and testify. And I want to say a sincere thank you to all those people who came forward. We know it was very, very difficult for them.Article content“I don’t want anybody to think that this kind of behaviour, should it happen to anybody, is acceptable. Anybody who feels that they have been wronged by professionals should understand that the system is here to help them and to assist them.”Article contentHe said prosecutors will review the decision to see if there are grounds for an appeal.Article contentAnstey was asked if Gaum could face a new prosecution involving different complainants.Article content“If the police made a determination that they have reasonable grounds to believe that he’s committed other offences, there would be nothing barring them from laying new charges,” he said.Article content
Retired Halifax-area pediatric dentist acquitted on historical charges of assaulting patients
