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Suspect goes free because Shania a no-show in court

Harassment charges against doctor withdrawn

The Ottawa Citizen
By Andrew Seymour
March 8, 2011


An Ottawa doctor accused of criminally harassing Shania Twain had the charge withdrawn after the country superstar refused to appear in court Monday.

Dr. Giovanni "John" Palumbo, 50, is alleged to have sent letters and flowers to Twain's home or cottage in Switzerland several times between February and October 2009, according to court documents filed by the Crown. He also allegedly appeared near Twain's summer home in the Muskokas in August of that year.

Acting deputy Crown attorney Mark Moors said prosecutors could not compel Twain to testify because she wasn't in Ontario.

"For the matter to proceed, we required the evidence of the complainant and we were unable to compel her attendance or participation," said Moors. "Regrettably, as a result of this, there is no reasonable prospect of conviction."

Ontario Court Justice Jack Nadelle chastised Twain -whose real name is Eilleen Lange -for wasting "scarce" court time as well as police and prosecution resources. The matter had been set for a five-day trial.

"I'm sure Ms. Lange had, from her point of view, a sufficient reason or reasons that justified her taking the actions she did so late in the process," said Nadelle, who acknowledged trials do fall through occasionally.

Palumbo, neatly dressed in a black coat and dress pants with his grey hair swept back, declined comment outside court. His lawyer, Gary Barnes, wouldn't say what was in the letters his client allegedly sent, however, Barnes said there was absolutely no evidence of any threatening conduct by his client.

According to court documents, Twain had no direct contact with Palumbo. The letters and flowers were received by her employees. Private security guards were to testify about Palumbo's alleged presence near her summer residence, according to the prosecution.

Palumbo was arrested on Nov. 27, 2009, wearing a Shania Twain T-shirt and carrying a copy of her biography. He also had the business card of a florist in Timmins, Ont., where Twain grew up. Palumbo was arrested as he left court, just after an attempt to get probation conditions changed; he had been convicted in April 2009 of assaulting his ex-wife, for which he received a conditional discharge after spending 43 days in jail.

He spent several months at the Royal Ottawa Mental Health Centre following his arrest for allegedly criminally harassing Twain. He was later released on bail.

According to a psychiatric report filed as part of his divorce case, Palumbo is alleged to have sent eight handwritten letters to Twain. The letters were opened by Twain's assistant and then sent to her business manager. They "declare Palumbo's love for her and ask her to meet him," according to the report.

Palumbo also allegedly went to the business of Twain's brother-inlaw, asking him to deliver flowers to the singer. Palumbo had allegedly sent Twain flowers on Valentine's Day, Mother's Day and her birthday.

In August 2009, personal security notified Twain and she became concerned for her safety while in Ontario and hired extra guards. Palumbo's GMC Suburan SUV was seen on the road to Twain's cottage. There were also reports he attended her grandmother's funeral on Aug. 10, according to the psychiatric report.

Palumbo was later seen near Twain's cottage on Aug. 29, but drove away when approached. He was allegedly seen on two other occasions in the same area driving his Lamborghini.

Palumbo reportedly told his probation officer he couldn't understand why no one in Timmins would introduce him to Twain and that it was only appropriate to attend the grandmother's funeral because "he and Lange are going to be family one day."

According to the psychiatric report, Palumbo believed that if he and Twain did meet, "a romantic relationship would be almost certain to develop." Palumbo said the letters were not intended to be threatening or frightening and he was never told by anyone that his attentions were unwelcome.

According to the psychiatric report, Palumbo, who once was a surgical assistant at the Montfort Hospital, felt he had a connection with Twain, whom he called "the perfect woman."

Palumbo, who had been admitted to hospital four times with mentalhealth concerns between 1991 and 2009, was diagnosed as being bipolar, according to the psychiatric report. He also suffers from narcissistic personality traits. The doctor who examined him was of the opinion his "obsession" with Twain is of "delusional intensity."

He was initially found not fit to stand trial, but later was deemed fit by the hospital.

His medical licence was suspended by the College of Physicians and Surgeons in August 2009 (but reinstated in July 2010) and he owes more than half a million dollars in backtaxes to Revenue Canada. According to the Ontario College of Physicians and Surgeons, Palumbo graduated from the University of Ottawa in 1987. He was a resident in cardiac surgery and, later, cardiovascular and thoracic surgery, at the University of Western Ontario between 1988 and 1991. He is currently listed as practising on Twins Falls Place (a residential street in Riverside South) and is not facing any disciplinary proceedings, according to a college spokesperson.

Twain's publicist did not return a call or e-mail seeking a comment.

Palumbo also faces charges of threatening his ex-wife and breaches of probation. He is to appear in court on those charges next week.

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