Pubdate: Fri, 07 Nov 2014
Source: Intelligencer, The (CN ON)
Copyright: 2014, The Belleville Intelligencer
Contact: http://www.intelligencer.ca/letters
Website: http://www.intelligencer.ca/
Details: http://www.mapinc.org/media/2332
Author: Jason Miller
Page: A1

POT DOC GOING TO TRIAL

Proceedings to begin next month

A Coe Hill family practitioner and his wife have been committed to
stand trial for a host of charges including, substance trafficking,
fraud and money laundering related to his involvement with medical
marijuana prescriptions.

Rob and Mary Kamermans will face trial for a series of charges
stemming from his alleged dispensing of marijuana prescriptions to
patients in jurisdictions across Canada, including his Bancroft
medical practice, located about 90 minutes north of Belleville.

Both accused where in attendance at the Quinte courthouse in
Belleville, Thursday, as Justice Stephen Hunter read his reasons for
committal. Though the couple, via their Toronto lawyer Davin Charney,
sought to schedule their next appearance in January, Justice Hunter
insisted he wanted to expedite the matter, settling instead for Dec. 5
date.

"I would like to get it moving," Hunter said about a case he estimates
won't commence trial until fall 2015.

Kamermans, 68, and coaccused, Mary Kamermans, 66, were charged in
relation to fraudulent endorsement of Health Canada's medicinal
marijuana documents in Ontario, New Brunswick, Quebec and British
Columbia, between January 2011 and April 2012, police said.

"I'm satisfied that the case is made out for committal," Hunter said,
bringing a close to the preliminary hearing stage, which has a primary
purpose of determining if there is sufficient evidence to warrant a
trial against the accused. It has no baring on trial proceedings which
involves detailed examination of each piece of evidence being argued
by defence and Crown counsel.

Rob Kamermans and his wife were committed on three counts related to
defrauding the Ontario Health Insurance Program (OHIP).

Outside the courtroom, prosecutor Jodi Whyte confirmed, in addition,
"they have both been committed on (benefiting from) proceeds of crime
and money laundering."

"I asked that in addition to the charges before the court, that they
be committed for (one count each) trafficking a substance and they
have both been," said Whyte.

The Crown could move to indict the Kamermans on fraud instead of
forgery, linked to documents they signed on behalf of the patients,
Whyte noted.

"His honour says he doesn't find that it fits within the definition of
forgery but it does find that they're frauds, if we want to indict
them," Whyte said, pointing to Hunter tossing five counts of forgery
levied against the accused. "They will be recommitted on (one count
each of ) fraud instead."

Whyte sided with the judge insisting the matter should be addressed in
a timely fashion.

"It's been a long haul getting here because of change of counsel and
all sorts of things," Whyte said. "This thing has drug out."

Dr. Kamermans was charged Aug. 15, 2012 in Sturgeon Falls while his
wife Mary - a registered nurse - was charged in Bancroft.

Charney removed himself from the record, as the lawyer for the
Kamermans, but told The Intelligencer he will maintain contact with
the couple.

"As of today I took myself off the record but I continue to assist
them," Charney said.

He also read a prepared statement on the behalf of the Kamermans,
maintaining their experience.

"Mary and Rob are healthcare professionals involved in helping sick
people and saving lives," Charney read from the handwritten note. "The
only thing they're guilty of is helping thousands of people.

"They feel they're being prosecuted and persecuted," Charney
said.

The criminal proceedings is just one side of the Kamermans' ordeal.
Rob Kamermans is also facing ongoing investigation and scrutiny from
the College of Physicians and Surgeons, which has already imposed
numerous limitations on his ability to practise in Ontario.

In part, he has already been banned from prescribing, dispensing or
the administration of cannabis. The college also found he "committed
an act of professional misconduct" by failing to maintain the standard
of practise for more than two dozen patients. As a result of the
college reprimand he was fined $3,650 and hit with several sanctions
including operating under strict supervision.
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