Former paramedic James Duncan Keats loses sexual assault appeal
Keats serving a 4-year sentence for 3 sexual assaults involving female patients
A former Nova Scotia paramedic who sexually assaulted patients while on the job has lost his appeal involving one of the convictions.
Keats appealed his sexual assault conviction involving the 71-year-old, arguing forensic experts called to testify at trial did not detail how they determined evidence gathered from the victim contained semen.
In a decision released Thursday, the Nova Scotia Court of Appeal dismissed the appeal, saying the defence could have challenged the admissibility of the evidence at trial but did not.
The notes of one expert detailed how she found the semen, but she was not questioned about it in court. Another expert testified the semen matched the DNA of Keats.
The decision says Keats's lawyer acknowledged that had the first expert "been asked to adopt the information set out in her notes as true," there would be no ground for appeal.
The court of appeal did say the Crown attorney prosecuting the case was "careless" in its presentation. The Crown never asked the expert her processes to identify biological material.