Thursday, August 30, 2007

State petitions court over acquittal of psychiatrist on molestation charges

From this report from Isreal

The State Prosecution on Thursday petitioned the Supreme Court seeking to overturn the decision to acquit psychiatrist Marcello Spitz of child molestation charges.

In response, the health ministry said it would reconsider its decision to allow Spitz to resume practicing pending the court's decision.

A panel of Haifa District Court judges had acquitted Spitz by a vote of two to one, saying the prosecution was not able to prove his guilt beyond a reasonable doubt.

Spitz had been charged with repeatedly touching one of his patients. In their ruling, the judges said the witnesses' testimony was valid and that contrary to Spitz's claims he was not in a psychotic state.

However, they wrote that they had decided to aquit Spitz because they believed the patient's unstable mental state and will to leave psychiatric interment led him to believe a version of events of his own fabrication.

Judges had further doubts over the witnesses' claim that the acts were carried out by Spitz in an unlocked room while his mother was waiting outside and that he came forward only after the most serious incident.

In the petition, the State Prosecution claims the judges ignored the fact that Spitz lied in court, claiming he had diagnosed the youth as suffering from psychosis and delusions while records show he had not.

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