A former Alberta Children’s Hospital nurse accused of sexually assaulting a child in his care took the stand in his own defence on Tuesday.
Drew Legary was charged with sexual assault and sexual interference in 2012 after a 13-year-old boy came forward claiming Legary touched his genitals during a physical examination.
The now 16-year-old boy took the stand on Monday via CCTV and told the court that Legary also talked to him about masturbation.
Balfour Der, Legary’s lawyer says the testimony will show that “my client was doing a thorough examination of this young lad and if there was any touching of this boy’s private parts it was incidental, accidental to a regular medical checkup that my client was doing as a nurse.”
Legary took the stand in his own defence on Tuesday and testified that he "did not intentionally touch his penis, I did not assault that child."
The boy's father spoke to the media on Monday and said his son told him about the incident immediately and that "the fact that there was a case before this that this nurse had done something like this and I hold the hospital responsible and accountable. Somebody knew and it just reoccurred again so it’s not fair.”
Legary was also accused of the same charges involving an 11-year-old boy but those charges were stayed at a preliminary hearing in 2013.
Legary was suspended by Alberta Health Services in 2011 and Der says AHS is awaiting the outcome of this trial before it takes action.
Closing arguments in the trial are expected to begin later on Tuesday or on Wednesday.
