Man accused of attacking Penticton doctor has charges dropped by Crown

Charges against Gregory Nield for alleged attack on a psychiatrist at PRH stayed by Crown

Assault charges against Gregory Nield, seen in this 2017 photo at the Penticton court house, have been stayed by the Crown. (File photo)

Assault charges against Gregory Nield, seen in this 2017 photo at the Penticton court house, have been stayed by the Crown. (File photo)

There will not be a second trial for the man accused of the 2014 violent beating of a psychiatrist at Penticton Regional Hospital (PRH).

Dan McLaughlin, communications counsel for the BC Prosecution Service, confirmed this week that charges against Gregory Nield, now 34, have been dropped.

“The decision to stay the charges in this case was made after further information was received by the prosecutor with conduct of the file,” said McLaughlin. “After considering this information and the rest of the file materials the prosecutor concluded the charge approval standard could no longer be met.

“In these circumstances a stay of proceedings is the appropriate course of action.”

Originally found guilty of the assault of Dr. Rajeev Sheoran in April 2017, the B.C. Court of Appeals ordered a new trial for Nield in January 2019.

Although Crown had been asking for a three-to-four year jail term, Nield was given 30 months of probation after being found guilty by the original jury.

READ MORE: Breaking: Jury finds Nield guilty of attacking doctor

In the appeal case, the three-justice panel said the trial judge erred on evidence relating to the mental state as someone unaware of their actions.

Nield, who had launched his civil suit against his alleged victim in 2017, claimed during the trial he had been self-medicating with psilocybin (magic mushrooms) for treatment of severe headaches.

At his first trial, the accused parents also testified as to their son’s unclear mental condition when they visited him at PRH before the alleged assault. Nield is also trained in martial arts.

Before the original trial, the accused was held in custody and was ordered to undergo a psychiatric assessment by Judge Gale Sinclair, for a maximum of 30 days at the Coquitlam Forensic Psychiatric Hospital.

He was found fit to stand trial.

Officials at the time said the incident happened when Nield and Sheoran were in an interview room alone in the psychiatric ward of PRH.

The injuries were severe enough the doctor was transferred to Kelowna General Hospital after being treated in Penticton. They included what Crown counsel at the time, Sarah Firestone, said were a broken jaw, brain injury and emotional trauma.

READ MORE: Defence turns tables on doctor

The doctor and patient had reportedly worked together without any problem before to the alleged assault.

According to McLaughlin, under the Charge Assessment Guidelines: “Charges will only be approved or continued where Crown Counsel is satisfied that the evidence gathered by the investigative agency provides a substantial likelihood of conviction and, if so, that a prosecution is required in the public interest.”

He went on to say the test applies to all stages of prosecution including cases like this one where there has been an appeal and new trial ordered.

“If, at any point, the prosecutor concludes that the charge assessment standard is no longer met a prosecution cannot proceed,” he stated. “In this case the prosecutor concluded the test was no longer met and, appropriately, directed the stay of proceedings.

“This decision was conveyed to the complainant in advance of directing the stay.”


 

@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

assault

Just Posted

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Thompson-Okanagan population grew despite COVID-19: report

The Chartered Professional Accountants of BC said there are 8,462 new residents in the region

Nine exhibits representing the commercial core of downtown Salmon Arm in 1910 are pictured here at R.J. Haney’s Heritage Village & Museum. (Facebook - R.J. Haney’s Heritage Village & Museum)
‘The Shuswap’s largest heritage site,’ R.J. Haney’s Village and Museum, opens to public

Haney’s restaurant, Sprig of Heather, and Children’s Discovery Centre are open as well

Graduating Grade 12 student Savannah Lamb has been awarded an approximate $40,000 scholarship from the Beedie Luminaries foundation. (Contributed)
Dedicated Salmon Arm student earns scholarship to pursue post-secondary education

Savannah Lamb is graduating from Salmon Arm Secondary with a $40,000 scholarship

Teslyn Bates, a Grade 11 student at Salmon Arm Secondary, was among four musicians from the Shuswap who won awards at the 2021 Virtual Performing Arts BC Festival held June 1-5. (Contributed)
Province takes note of young Shuswap musicians at June festival

Four local contestants receive awards at 2021 Virtual Performing Arts BC Festival

Shuswap Immigrant Services Society plans to hold a vigil on Friday, June 25 at 8 p.m. to honour the victims of what officials are calling a terrorist attack on five Muslims in London, Ont. (File photo)
Salmon Arm council holds minute of silence to honour victims of Ontario attack

Shuswap Immigrant Services Society plans vigil for Muslim family on June 25, 8 p.m. at McGuire Lake

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Vernon-Monashee NDP MLA Harwinder Sandhu supported a motion in the B.C. legislature for Canada to create a national Indigenous History month Monday, June 13, 2021. (Contributed)
Canada needs a national Indigenous History Month, Vernon MLA agrees

Harwinder Sandhu supports motion to recognize June as month to advance reconciliation efforts with First Nations

(Facebook)
New trial date set for Penticton beach attacker’s triple assault charges

May trial was delayed after Crown witnesses failed to show up

Orange ribbons are tied to the fence outside Vernon’s Gateway Homeless Shelter on 33rd Street. (Jennifer Smith - Morning Star)
POLL: Low-key Canada Day in the works for Vernon

Councillor calling for Indigenous recognition for 2022

A conceptual design of Vernon’s new Active Living Centre, which will go to referendum Oct. 15, 2022. (Rendering)
Active living centre 2022 referendum planned in Vernon

City hoping to get Coldstream and Areas B and C back on board

Closure of the 2900 block of 30th Avenue will allow restaurants and other businesses to extend their patios onto the street. (Jennifer Smith - Morning Star)
Green light given to downtown Vernon road closure

Single block of 30th Avenue to close over summer months to boost business

A provided photo of the suspect. (Kelowna RCMP/Contributed)
Kelowna RCMP investigating after business robbed

An undisclosed amount of money and merchandise were taken from the business

Travel Penticton went to city council for support in increasing the tax on short-term stays to fund a convention bureau and affordable housing. (File photo)
Travel Penticton seeks to grow through increased hotel tax

The increased funds would go to creating a convention bureau and to affordable housing

Most Read