Judge Hears Final Arguments in Regina Physiotherapist's Sexual Assault Trial
The sexual assault trial of Regina physiotherapist Dipan Chauhan reached its conclusion on Thursday as lawyers presented their final arguments, leaving the decision in the hands of Justice Darin Chow. The case, which has centered on conflicting testimonies and questions of credibility, will now await the judge's verdict after a thorough examination of the evidence presented in Regina's Court of King's Bench.
Conflicting Testimonies and Credibility Issues
Both the Crown prosecutor Susan Wurtz and defence lawyer Bhavan Jaggi acknowledged that this case largely hinges on issues of credibility, describing it as a classic "he said, she said" scenario. The complainant testified that Chauhan removed her bra and massaged her bare breasts during a treatment session on January 26, 2024, while Chauhan maintained that he only treated her pectoral muscle and that her bra remained on throughout the procedure.
Chauhan pleaded not guilty when the trial began on February 2, and his lawyer argued that his client's version of events was truthful, credible, and reliable. Jaggi emphasized that Chauhan remained "unshaken" during cross-examination and suggested that the Crown had failed to prove all elements of the offence, particularly the "mens rea" or guilty mind required for conviction.
Crown Challenges Defendant's Credibility
Crown prosecutor Susan Wurtz presented a series of examples aimed at challenging Chauhan's credibility during her closing arguments. She focused particularly on a recorded conversation between the complainant and Chauhan that occurred days after the alleged incident. Wurtz argued that Chauhan's explanations for statements he made during this conversation "strain the bounds of credulity" and suggested it was clear he knew he had done something wrong.
Despite testifying that he was trying to clarify a misunderstanding during the recorded conversation, Wurtz noted that Chauhan never asked the woman what specifically she felt constituted the sexual assault. This omission, according to the Crown, undermined his claims of innocence and demonstrated awareness of wrongdoing.
Defence Focuses on Consent and Apology Context
Defence lawyer Bhavan Jaggi countered the Crown's arguments by suggesting the judge's primary concern should be the issue of consent and the possibility of an honest but mistaken belief about consent. The complainant testified that she was advised her breast could be exposed during a new upper body treatment but was told the possibility was low, and she consented to the procedure.
Jaggi also addressed Chauhan's apology during the recorded conversation, citing case law to argue that an apology does not equate to an admission of guilt. He suggested his client behaved as any normal person would in such a situation—with shock and panic—and that this emotional response should not be interpreted as evidence of criminal intent.
Technical Arrangements for Final Arguments
Justice Darin Chow was not physically present in the Regina courtroom for the closing arguments but instead participated via video link from Swift Current. Both lawyers appeared in person to present their final submissions in the case that has drawn significant attention in the Regina community.
The trial has highlighted the complex nature of sexual assault cases where physical evidence may be limited and verdicts often depend on assessments of witness credibility and conflicting accounts of events. The judge's decision will determine whether Chauhan is found guilty of the sexual assault charge or acquitted based on the evidence presented during the trial proceedings.
