A judge has ruled the allegations of sexual assault and interference against Drew Legary, a former Calgary nurse, were unfounded.
On Wednesday, Legary was acquitted of the charges related to a physical examination of a 13-year-old boy at the Alberta Children’s Hospital in 2011.
The Crown argued Legary inappropriately touched the patient’s genitals during the exam but the judge ruled any touching was likely accidental and not sexually motivated.
"This was a case where there really was reasonable doubt," said Balfour Der, Legary's defense counsel. "He had a plausible explanation and I'm very glad that the judge saw that."
The father of the boy says the ruling shocked him.
“I’m extremely disgusted,” said the man, name withheld, in a phone interview with CTV Calgary. “It’s unfair, I feel outraged right now. I feel that there’s no justice and really upset.”
“No doctor had ordered the examination for my son.”
The father says he has not informed his son, now 16, of the court ruling.
Legary was suspended by Alberta Health Services in 2011 following the surfacing of accusations.
In a statement emailed to CTV Calgary, AHS officials responded to the not guilty verdict
"Mr. Legary is a member of the United Nurses of Alberta and AHS will be working with them on his employment options."
"Our dedicated staff continue to provide safe, quality, compassionate care to our patients and families."
