Dialogue Volume 13 Issue 4 2017 - Page 77

DISCIPLINE SUMMARIES DR. KEVIN JOHNSTON PRACTICE LOCATION: Kitchener AREA OF PRACTICE: Family Medicine HEARING INFORMATION: Statement of Uncontested Facts, Joint Submission on Penalty On October 31, 2016, the Discipline Committee found that Dr. Johnston committed an act of profes- sional misconduct, in that he engaged in conduct unbecoming a physician. Dr. Johnston, a 44-year-old family physician, was formerly known as Kevin Richard Speight, under which name he practised medicine until November 2014. He has not practised medicine since March 17, 2016. Dr. Johnston previously practised in Toronto, Cambridge, St. Catharines, and Mississauga. Most recently, in 2015 and 2016 he practised in Guelph and Kitchener. Accessing, Purchasing, and Possessing Child Pornography In October 2010, Dr. Johnston visited a website, Azov Films, which sold movies and photo collections, including child pornography. Dr. Johnston accessed and purchased child pornography depicting nude pubescent and pre-pubescent boys. Specifically, - Before making his purchases, Dr. Johnston ac- cessed child pornography on the Azov Films web- site, including flash video files and compressed container files with various movie trailers and JPEG images. - On October 16 and 17, 2010, Dr. Johnston pur- chased 16 discs containing collections of photos from Azov Films. Fourteen of these photo discs contain child pornography. - On October 16, 17, and 18, 2010, Dr. Johnston downloaded the photo discs described above to a computer in his home. The police identified orders that Dr. Johnston placed on the website to purchase photo collections and Dr. Johnston’s downloads of the photo collec- tions that he purchased. Dr. Johnston’s purchases were also confirmed by Dr. Johnston’s credit card statement, obtained by the College. Dr. Johnston was acquitted of criminal charges in relation to the purchases described above on May 29, 2013. The Court found that the Crown had not led any evidence of an essential element of the offence, namely that Dr. Johnston knew the nature and con- tent of the images that he ordered. The College requested a further report from the po- lice addressing this issue, which it received in August 2015. The report confirmed that Dr. Johnston was aware of the na ture and content of the child por- nography that he purchased, and in particular, that he had accessed various movie trailers and images containing child pornography before he purchased photo collections. The child pornography in issue in the case did not contain explicit sexual activity or violence. Surreptitious Video Recording During the execution of a search warrant at Dr. Johnston’s residence on November 24, 2011, Toronto police seized an “Angel Eye” mini video recording system, a micro SD card, and an Apple iPhone. The video recording system was equipped with a small camera attached by a cord and an empty slot capable of housing a micro SD card. The mini SD card con- tained four videos date stamped 2007.08.26. Two of the videos contained images of Dr. Johnston, his cat, and his residence. The other two videos contained footage from a public bathroom. In particular, there was footage which Dr. Johnston had surreptitiously filmed of an unknown male defecating in a bathroom stall. On the Apple iPhone, other videos and images were taken in public washrooms as well, including a sur- reptitious video which Dr. Johnston had made of a male urinating into a public urinal, made through a peep hole. Facts Filed Regarding Penalty In 2012, after the events in issue, Dr. Johnston was diagnosed with bipolar disorder. Dr. Johnston entered into a recognizance of bail on November 25, 2011, after he was charged crimi- nally. Among other things, it restricted Dr. Johnston ISSUE 4, 2017 DIALOGUE 77