The lawyer for a Montreal gynaecologist facing complaints of sexual misconduct is trying to have two of the accusations against him thrown out.
Dr. Kamal Maraghi is facing three complaints before the disciplinary board of Quebec's Collège des médecins.
The two complaints he wants removed back to 2008 and 1995. Investigators at the time concluded there were no grounds for complaint.
The accusations were brought back after a third woman came forward alleging similar conduct.
None of the allegations have been proven.
Marc Dufour, Maraghi's lawyer, told the disciplinary committee this morning that the first two accusations should not be heard.
He said Maraghi threw out his personal notes on the examinations after the original investigations. He said they contained non-medical information.
Dufour also argued there were no new elements of proof presented in those two cases.
For those reasons, he said Maraghi would not be able to receive a full and complete defence and would be constrained to a defence of general denial.
The lawyer representing the victims, Jacques Prévost, argued the fact that investigators found no grounds for complaint at the time does not constitute a promise to Maraghi that the accusations would not come up again.
He told the disciplinary committee the investigators based their decisions on the context at the time — and that context has since changed.
Prévost argued that similar facts in the case do indeed constitute new elements of proof and have a major impact in cases such as this one.
He said the loss of Maraghi's personal notes is not an important element because any relevant details from the examinations of the three victims should be in their medical files.
Maraghi was working at the Polyclinic Masson in Montreal at the time of the incidents.
A fourth complainant has come forward but her case is not being heard.
The hearing continues this afternoon in a downtown Montreal boardroom. It's expected to be several weeks before the committee rules on the defence's request.