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Much of Mr. Greenspan’s detailed, case-by-case analysis Tuesday focused on the physical “impossibilities” of the women’s allegations, largely due to the positioning of hospital equipment.

One woman said Dr. Doodnaught placed his penis in her cupped hand, but the only person who would have been in a position to do that would have been the surgical assistant, who was female, the court heard. Another patient said Dr. Doodnaught fed his penis through a V-shaped opening in the front of his hospital scrubs, but the pants at North York General do not open in the front, Mr. Greenspan said. And in a third case, because of the height of the operating table, Dr. Doodnaught would have had to balance on two stools to have his penis reach the patient’s mouth, the court heard.

“This is an operating room, it’s not Cirque du Soleil,” Mr. Greenspan said. “Dr. Doodnaught is an anesthetist, he’s not a contortionist.”

‘This is an operating room, it’s not Cirque du Soleil’

There’s also no chance, Mr. Greenspan contended, that the sounds and movements associated with the alleged sexual acts could have gone unnoticed by the surgical team in the close quarters of the operating room, where hospital staff are intently focused on the patient.

“The Crown quite desperately is trying to cling to what we characterize as absurd facts,” Mr. Greenspan said.

The court has heard that Dr. Doodnaught was known for a “touchy-feely” approach to anesthesiology, with the defence suggesting his “kindness” and “tactile approach” could have been misinterpreted by the 21 women. It would have been foolhardy, Mr. Greenspan said, for such an experienced anesthesiologist to pull out his penis in a busy operating room where he could be caught at any second, either by the surgeons working alongside him or by an unexpected visitor.

“Would he know when one of his colleagues might come in from the next room to consult?” Mr. Greenspan asked.

Superior Court Justice David McCombs remarked upon the “worrisome and difficult case,” noting he may ultimately have to grapple with the complex issue of memory among witnesses affected by varying levels of sedation.

“Having somebody stick their penis in your mouth,” Judge McCombs noted, “isn’t the kind of thing you’d forget.”

The Crown is scheduled to deliver closing arguments Wednesday.

National Post

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