Hamilton cardiologist sentenced to probation in domestic violence case
A Hamilton cardiologist, who admitted to hitting and threatening to kill his wife, now has to face the consequences of a criminal record.
Dr. Amin Mulji was handed a suspended sentence in court Friday, plus two years probation. His lawyer had asked for a conditional discharge, which would have spared the 67-year-old from having a criminal record - something his lawyer Mark Hogan argued is likely to further impact the doctor's career, including consequences in an anticipated disciplinary process.
Ontario Court Justice Bernd Zabel agreed that it would have been in the best interest of Mulji to grant a conditional discharge, but is contrary to the public interest.
It is apparent that a perplexing dichotomy exists between the accused's public and professional persona and his private persona," Zabel said, pointing to Mulji's otherwise unblemished record and successful medical career.
On April 20, the 67-year-old doctor pleaded guilty to a single count of assault stemming from a July 2014 incident in which he hit his wife over the head, causing a concussion, and to threatening death in messages she recorded between 2017 and 2018.
Multiple other charges including sexual assault, assault and threatening going back as far as 1977 were withdrawn.
The plea is not what the victim, Naz Sayani, wanted. She and two of her adult children told the court she endured years of abuse. She wanted a trial to expose everything she says happened over their 40-year-marriage.
She shared some of that in a victim impact statement when Mulji pleaded guilty, where she tearfully spoke about the pain, fear and emptiness she continues to live with. On Friday Zabel called her statement very moving."
Zabel said he would typically say an accused person's guilty plea spared the victim from reliving trauma in a trial, however he noted that is not the case here.
Before court ended, the judge asked if Sayani had any questions. Through assistant Crown attorney Alannah Grady, Sayani shared that there were errors in the agreed statement of facts previously read.
Grady told the court that the facts read and the plea were ultimately an agreement between the defence and prosecution. Zabel noted Sayani's concerns.
Outside court Sayani called the sentence partial justice."
It's not yet clear what impact Mulji's conviction will have on his ability to work. Amid the court case he was suspended from working at Hamilton Health Sciences and teaching at McMaster University.
HHS spokesperson Lillian Badzioch said Mulji continues to be on a leave of absence while HHS conducts its own investigation, which will take into account the court outcome. McMaster spokesperson Susan Emigh also said Mulji remains on leave, adding this development will be taken into account in the reconsideration of his academic appointment."
Mulji is likely to face the College of Physicians and Surgeons of Ontario's disciplinary tribunal. During his plea hearing last week, his lawyer told the court it was anticipated he could face a two to four month licence suspension.
For years, the CPSO was unaware that Mulji was facing multiple domestic violence charges, because it relies on physicians to report their own charges. It wasn't until the CPSO was notified by The Spectator that the charges were listed on Mulji's profile. This case has led to calls for legislative change to mandate that police, the courts and health-care employers automatically report physicians who face criminal charges to the CPSO.
If Mulji faces discipline, a public notice of hearing will be posted on the CPSO website.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com