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Harassment charges against doctor dropped after Shania Twain refuses to testify

The Ottawa Citizen
By Andrew Seymour
March 7, 2011

OTTAWA — An Ottawa doctor accused of criminally harassing Shania Twain had the charge withdrawn after the country superstar refused to appear in court Monday.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 Twain letters and flowers to her home in Switzerland several times between February and October 2009, according to court documents filed by the Crown.

He also allegedly appeared in the vicinity of Twain's summer home in the Muskokas in August 2009.

Acting deputy Crown attorney Mark Moors said prosecutors could not compel Twain, whose legal name is Eilleen Lange, to testify in court because she wasn't in Ontario. As a result, the Crown could not prove that Palumbo's conduct caused her to fear for her safety and the safety of her family.

"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 the absent Ontario-born singer for wasting "scarce" court time as well as police and prosecution resources used to investigate the case. 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 also acknowledged that trials do fall through occasionally.

Palumbo, who was neatly dressed in a black coat and dress pants with his grey hair swept back, declined to comment outside court.

His lawyer, Gary Barnes, wouldn't say what was in the letters his client allegedly sent or why he was contacting Twain. 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.

No further details of Palumbo's alleged conduct, or the content of the letters, were filed in court and it was not clear how police became involved in the case.

The Crown had initially brought an application to have Twain testify by video, but withdrew it during a court appearance last week.

Palumbo, who was admitted to the Royal Ottawa Mental Health Centre following his arrest in November 2009, was found fit to stand trial, according to court documents. He was later released on bail.

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.

Palumbo is also facing charges of threatening his ex-wife. He is scheduled to appear in court on those charges next week.

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