Sexsomnia Expert Requests Testimony Withdrawal Amid Oath Allegations
A prominent Toronto psychiatrist specializing in sexsomnia has asked to withdraw his testimony in a Calgary sexual assault trial following allegations that he may have provided false statements under oath. The case, which centers on a charge of sexual assault involving a former intimate partner, has taken a dramatic turn as the expert witness faces scrutiny over his honesty regarding a missed court appearance.
Allegations of Dishonesty Surface in Court
Dr. Colin Shapiro, a respected University of Toronto professor and expert in sexsomnia—a sleep disorder where individuals unknowingly engage in sexual acts—requested the withdrawal of his testimony on Friday. This move came after allegations were raised that he might have lied under oath about not being aware of a subpoena requiring his presence in court via video link at 10 a.m. last Monday.
Crown prosecutor Kenna Morris informed Justice Jim Eamon that she intends to cross-examine Shapiro on whether he was dishonest when he claimed he did not know he was required to attend court. Morris emphasized that while there is currently no active police investigation into Shapiro's testimony, this could change before the trial resumes on June 8.
Defense Counsel Withdraws Over Ethical Concerns
The situation escalated when defense counsel David Roper withdrew from the case on Thursday, citing ethical obligations. Roper stated that after Shapiro's testimony on Wednesday, he became aware of information suggesting the doctor's claims about not knowing of the subpoena or his required attendance might be inaccurate.
"I am in a position where I cannot ethically proceed and I am seeking to withdraw as counsel of record," Roper told the court. He explained that he had an obligation to inform the court that it should not rely on Shapiro's evidence regarding his awareness of the legal requirements.
Judge Informs Witness of Allegations
Justice Eamon played back Roper's comments for Shapiro in court, ensuring the doctor understood the allegations being made against him. The judge clarified that no findings had been made regarding the allegations and that Shapiro was not required to respond immediately.
"You have no obligation to respond to this today. My purpose is just to inform you of where the trial is going," Eamon told Shapiro. The judge also suggested that Shapiro might wish to consult with legal counsel and ordered him to face cross-examination by Morris when the trial resumes.
Expert Expresses Disinterest in Continuing Involvement
Shapiro expressed strong reluctance to continue his involvement in the trial, stating that he had not been properly contacted by the defense to review his proposed testimony in advance. He indicated that he no longer felt he could be of assistance to the accused.
"I have zero interest in continuing in a situation I think is clearly not useful to the accused and certainly not what my desire would be," Shapiro told the court. His withdrawal request adds complexity to a case where his expertise in sexsomnia was considered potentially crucial for the defense.
Trial Proceedings Delayed for New Representation
With the accused now unrepresented following Roper's withdrawal, Justice Eamon agreed that the individual should be allowed to secure new legal counsel before any decision is made regarding Shapiro's request to withdraw his services. The judge is expected to address Shapiro's request after new representation is obtained and before the June 8 resumption date.
The case involves a Calgary man facing a sexual assault charge over allegations of non-consensual sex with a former intimate partner, whose identity is protected by publication ban. The development highlights the intricate challenges that can arise when expert testimony becomes entangled with questions of procedural honesty in high-stakes legal proceedings.
