Dr. Aubrey Levin, a Calgary psychiatrist leaves the Calgary Court Centre June 2, 2011.
Credits: JIM WELLS/CALGARY SUN/QMI AGENCY
CALGARY -- Two juries will be selected Friday to hear the case of a former court psychiatrist accused of sexual abuse -- the first will determine if he's fit enough to face a second.
Lawyers in the case of Dr. Aubrey Levin met with Justice Donna Shelley on Thursday to outline the procedure for picking the two 12-member panels.
Defence counsel Alain Hepner intends to call evidence before one jury to determine if his client is mentally fit to stand trial.
If Levin is, the second jury will hear evidence on allegations he sexually abused 10 male patients.
Earlier, Shelley ruled Levin, 73, would not be granted an adjournment of his case over physical health concerns.
Hepner had called evidence from two doctors saying Levin's health issues, which include diabetes, heart disease and kidney problems, need to be stabilized.
The physicians suggested if Levin was put on a diet to address his morbid obesity, as well as an exercise regime, he would be better suited to face trial in three months.
But Shelley said she wasn't convinced a delay in the trial would result in a better prognosis for Levin's physical health.
"All of the conditions have been present for some time," she said in rejecting Hepner's adjournment application.
She said it wasn't clear to what extent Levin's condition would change, even if he made the lifestyle changes recommended by his doctors.
"I am not satisfied, on the evidence before me, that Dr. Levin would be in any better health in three months, than he is today," Shelley said.
Hepner said he expects the hearing before jury number one to last two days, with evidence likely called Monday and arguments on Tuesday.
If Levin is found mentally fit to stand trial, that hearing will begin once the first jury reaches a verdict.
Levin, who for years conducted court-ordered forensic assessments on accused persons, faces 10 sex-related charges in connection with allegations from former male patients.
He remains at liberty.