Hamilton cardiologist Amin Mulji pleads guilty in domestic violence case

Hamilton cardiologist Dr. Amin Mulji stood in court and pleaded guilty to hitting his former wife over the head and threatening to kill her on multiple occasions. He tearfully apologized for his temper and for not getting help sooner.

But for Naz Sayani, the apology was meaningless. This is not how she wanted the court case to end. She did not want the plea. Instead, she wanted a trial so everything she says she endured over 40 years could be exposed.

On Wednesday, the 67-year-old doctor pleaded guilty to a single count of assault stemming from a July 2014 incident in which he hit Sayani over the head, causing a concussion, and to threatening death in messages that his former wife recorded between 2017 and 2018.

Other charges from alleged abuse going back as far as 1977 are expected to be withdrawn.

Fighting tears, Sayani told Ontario Court Justice Bernd Zabel that the two charges before the courts happened at the tail end" of years of abuse. She lives in fear and pain and guilt about what her children witnessed.

She said she still hears his voice in her head detailing all the ways in which he said he would kill her: cutting, choking, raping, shooting, throwing her over a highway bridge.

All of this lives in me every day," she said. The emptiness and the darkness because I loved him and I genuinely thought he loved me too."

Assistant Crown attorney Alannah Grady told the court Sayani did not want the plea to go ahead and instead wanted to go to trial. She explained that while she includes the victim's input in the process, her obligation is to exercise discretion."

Balancing reasonable prospect of conviction and public interest, she found holding the offender accountable through the plea was the best option.

Mulji is unlikely to serve any time in jail. The prosecution is asking for a conditional sentence, plus probation, and the defence a conditional discharge. A discharge would mean Mulji would have no criminal record.

Defence attorney Mark Hogan stressed that Mulji was only guilty of the offences for which he pleaded. It's important to remember the gravity of the offence ... (and) exactly what facts are admitted."

Before Sayani and two of her children were permitted to read victim impact statements, Hogan asked the court to redact portions that touched on allegations of other abuse, outside of what was in the plea.

Grady argued that the judge could simply disabuse his mind" of any portions that were not legally relevant.

My submission is that in this particular case, the victim's voices must be heard," she said. It's quite clear the victim in this case already feels as if she lacks control of the process and control of the outcome."

Zabel agreed with the Crown.

Two of the former couple's adult children spoke about witnessing their mother being abused and threatened.

I did and still truly believe that he would have killed my mother," their daughter said, later adding that she still lives in fear.

Court heard both Mulji and Sayani came to Canada with their families as refugees from Uganda in the 1970s, when the country's Asian minority was expelled. Sayani said she met Mulji while she was in law school at Western University. At first she believed him honest and truthful, but that imprint" was significantly disturbed" within months, beginning an erosion" of her self-esteem and identity.

They married in 1984 and, despite her own academic pursuits, she spent 29 years running Mulji's office. They have three adult children and she now works as a psychotherapist. Many of their arguments began about finances, including frustration over money spent on medical expenses for the children.

Mulji's lawyer argued that part of the reason his client ought to get a discharge was because of the collateral consequences" of his charges, including articles about the case by The Hamilton Spectator, and Mulji being suspended from Hamilton Health Sciences and his teaching position at McMaster University. Mulji is still a licensed doctor and has continued to see patients in his clinic, but he's lost income because he has lost hospital privileges and isn't teaching.

Hogan noted The Spectator had written five articles focusing on unproven allegations. Justice Zabel interjected that the articles were focused on the fact that the doctor's regulatory body - the College of Physicians and Surgeons of Ontario - had not been alerted to Mulji's charges.

Mulji could also be subject to discipline by the CPSO.

Hogan submitted multiple character letters from colleagues, friends and patients who described Mulji as kind and gentle. They expressed shock at the charges, but some also described Mulji as admitting to the offences (that he pleaded guilty to) and appearing apologetic.

During a tearful apology, Mulji also lamented that he had not been treated fairly by The Spectator or McMaster after an exemplary 30-year career.

I'm sorry this happened, I wish I could turn back the clock," he said.

At one point, while Mulji spoke about how financial strain contributed to his anger, Sayani got up and walked out of the courtroom in exasperation. At other times she sat shaking her head in disagreement.

The case returns to court April 29 for sentencing.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com