On Monday November 7, Harvey Berkal's private prosectuion against

the Simkin Centree was set to proceed in provincial court with the calling of witnesses.

To see the list of anticipated witnesses, click here:
http://www.winnipegjewishreview.com/article_detail.cfm?id=1720&sec=2&title=LIST_OF_PROPOSED_WITNESSES_HARVEY_BERKAL_INTENDS_TO_CALL_IN_PRIVATE_PROSECUTION_AGAINST_SIMKIN_CENTRE

In the procedure of a private prosection in this matter, the Simkin Centre has no standing, since at this early stage the allegations are being assessed by a judge who will decide whether there are sufficient grounds to issue an indictment. Only, if an indictment were issued, would the Simkin Centre be summoned to court to appear on the charges.

Legal counsel for the Simkin Centre in regard to this matter is Robert Tapper Q.C. of Tapper Cuddy L.L.P. , who specializes in medical malpractise law http://roberttapper.com/ .

On November 7, a junior Crown attorney appeared and asked the Court to grant an adjournment of the matter until November 21, in order that the Crown be able to study the matter and decide , one way or another, if it will be taking over the private prosection. If it did so, then Harvey Berkal would cease his prosection and the matter would be prosecuted by the Crown's office. Berkal agreed to this request by the Crown for an adjournment and the court granted it.

"I was ready to present evidence, starting with Marsha Palansky who attended court. But I had previously spoken to the Crown and knew they intended to ask for an adjournment," Harvey Berkal said

Subsequent to the adjournment, Harvey Berkal also told the Winnipeg Jewish Review that he has met with the Crown to go over the case and awaits hearing about the Crown's decision on whether to take over the matter or not.

Berkal says, however, that the fact that the Crown has asked for an adjournment to study this whole matter shows the "seriousness" of the matter. He also says that he intends to prosecute this matter in the event that the Crown decides not to go forward to take over the prosecution.

In the meantime, Berkal advised that he has spoken to Robert Tapper once, and there have been no discussions about any potential plea bargain or any of the changes Berkal wants to see implemented in the Simkin Centre.