A popular Westmount naturopath has been acquitted of manslaughter and criminal negligence causing the death of Roger Matern.
Matern was 84 years old when he died in 2008 after visiting Mitra Javanmardi for heart problems.
Javanmardi had given Matern an injection of magnesium and vitamins, at which point he began to feel ill.
Javanmardi said the violent reaction was because Matern was hungry, and recommended he drink a smoothie.
He was taken to St. Luc hospital where he died the next day, June 13, 2008.
Matern's daughter, Gabrielle, was shocked by the not-guilty verdict.
"My father died 16 hours after leaving her office. She performed illegal acts and how can she be totally acquitted? We just don't understand," said Gabrielle Matern.
The College of Physicians has fined Javanmardi on three occasions for practising medicine without a license, including giving injections.
In his judgment, the judge said Javanmardi took all necessary precautions, even if Mattern died following the treatment.
The judge said that even though naturopathy is not recognized as a profession in Quebec, Javanmardi followed all guidelines used in Ontario.
The crown is planning an appeal of the verdict.
Bacterial contamination, no licence to practise
Javanmardi was first charged in 2010, but the trial only began in 2012 because of delays in finding an open courtroom.
Evidence presented during the trial showed that Javanmardi knew she was not permitted to give injections and IVs, while a microbiologist testified that the substances Javanmardi was injecting were heavily contaminated with bacteria.
The day after Matern died, police officers raided Javanmardi's offices and interrupted her in the middle of giving a patient an IV.
According to transcripts presented in court, Sergeant Detective Mario Lambert asked Javanmardi, "Do you realize that the College of Physicians says that you don't have the right to give IV treatments?"
Javanmardi responded, "I was trained in naturopathic medicine. The laws depend on who issues them […] My training allows me to do it everywhere else in Canada."
Lambert finished the conversation, "I'll give you some friendly advice: You should stop, because Mr. Matern has died."
The defence argued that Matern was aware that Javanmardi was not a medical doctor but came to her because he did not trust medical treatments.
"This case has been very long and sad nightmare for everyone involved. All parties we are hopeful this judgment will put an end to this nightmare," said Defence lawyer Isabel Sherman.
