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Allegations of Sexual
Abuse in NZ |
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A New Plymouth doctor is facing
multiple sex offences against five of his female patients. The doctor has been charged with
one count of sexual violation and 13 counts of indecent assault against the
five women during medical consultations in his surgery in the 1980s and
1990s. Both his name and occupation were
suppressed during earlier court appearances in the New Plymouth District
Court. The media could identify him only as a North Taranaki professional
man. But following legal challenges
earlier this month from the police and The Taranaki Daily News against
continuing suppression, Judge Louis Bidois has decided the man's occupation,
but not his name, should be made public. New Plymouth CIB officer in charge
of the case, Detective Sergeant Debbie Gower, said police were pleased the
defendant's occupation was now public. She encouraged anyone with
concerns or information relating to the case or the defendant to contact the
police sexual abuse team on 06 751 1058. In a written decision released
yesterday, Judge Bidois said under the suppression order the doctor agreed
that if asked he would tell any patient or potential patient that he was the
defendant. He was prohibited from carrying out intimate examinations except
in an emergency. Judge Bidois said the public
should know of the allegations, particularly existing or potential patients. "Such persons have a right to
know their medical practitioner or intended medical practitioner is facing
such charges. "It may not concern unduly
those who have ailments such as a headache, but it may be significant for
someone who has, say, a gynaecological problem." Judge Bidois said police started
an investigation into an allegation of indecent assault on a patient by the
doctor in March 2003. "This inquiry resulted in
identifying five complainants who made complaints of similar conduct. The
police investigation has revealed other patients who believe they were
touched inappropriately and in a sexual manner by (the doctor) during
consultations," the judge said. During the suppression hearing,
the doctor's lawyer, Harry Waalkens QC, of Auckland, pointed to the
presumption of innocence and the fact the court could not determine the
strength of the police case as depositions had not yet been heard. The charges would be vigorously
defended, Mr Waalkens said. Two of the complainants had already had their
claims dismissed by the Medical Association, Mr Waalkens said. Crown solicitor Tim Brewer said
the court must weigh the private interest of the accused and the public
interest. The court must be careful not to
create a special class of offender. Doctors should not be treated any
differently from others accused of sexual offending, Mr Brewer said. In his decision, Judge Bidois said
the offending was alleged to have occurred during examinations carried out by
the doctor. "If there has been touching
(he) claims it is innocent and part of proper medical conduct. (He) claims
any perception it was sexual in intent is wrong, a misunderstanding or as a
result of confusion by the patient." The Crown, however, submitted his
actions overstepped the boundaries of medical conduct, said the judge.
"This conflict can only be resolved by the trier of fact." Grant Shand, who represented The
Taranaki Daily News at the hearing, argued the public had a right to know the
doctor's identity. The doctor's case will next be
called in the district court on March 21 for the setting of a depositions
date. He is excused from appearing. -------------------- CAPTION: JUDGE LOUIS BIDOIS |
