Allegations of Sexual Abuse in NZ


Dr Hiran Fernando (N.P. Doctor) - Index


Index 1.    Pretrial Reports

 




Taranaki Daily News
November 22 2005

Hearing begins of doctor on sex charges

Sex allegations against a doctor were heard on the first day of a depositions hearing in the New Plymouth District Court yesterday.

The New Plymouth doctor, who has name suppression, is facing charges of multiple sex offences against 10 of his female patients.

The 20 indecent assaults and two sexual violations allegedly happened during medical examinations in the 1980s and 1990s.

During her opening address in court yesterday, Crown prosecutor Cherie Clarke described how the complainants alleged they had undergone prolonged and unnecessary intimate examinations, as well as inappropriate questioning about their sex lives.

In many cases, the women claim they were made to strip naked in front of the doctor, and were not given a blanket to cover themselves.

One woman, who had seen the doctor for treatment of thrush and a urinary tract infection, was given a breast examination, she said.

"The defendant took hold of her nipple and rolled it between his thumb and forefinger. He did this to both nipples for between five to ten minutes. During this, he asked her how it felt, and how did it make her feel.

"The defendant went on to ask her how often she had sex, if she enjoyed it and whether she reached orgasm," Ms Clarke said.

The woman, who was then 18, said the doctor had rubbed her genitals while questioning her about her sex life. He was not wearing gloves at the time.

During a later consultation, she alleges, the doctor again touched her and asked her about her sexual practices with her partner. As he questioned her, he pressed his erect penis against her thigh, she said.

Ms Clarke said another complainant, who went to see the doctor for back pain, was allegedly asked to remove all her clothing, apart from her underpants, and he then watched her perform various exercises.

She also complained he had touched her breasts and pulled her nipples.

One woman, who visited him during the early stages of her pregnancy, said she felt uncomfortable and confused when the doctor examined her internally as he rubbed her genitals.

"She lifted her head and shoulders and half sat up on the bed to look at him. The complainant describes the look on the defendant's face as one she will never forget. The look was a half smile, smirky look. When she sat up and looked at him the look on his face changed and he immediately stopped what he was doing."

The complainants said examinations took place without a nurse present, nor without the offer of one being present.

Crown witness John Drummond, a GP with many years experience who is the national co-ordinator of police medical services, was questioned by Ms Clarke.

Dr Drummond described a number of the allegations as inappropriate or inconsistent with the symptoms the patients had presented with.

He said it would be considered highly inappropriate to have a female undress in front of a male doctor.

"Undressing in front of somebody is a sexual act. Clinical examination is not a sexual act," Dr Drummond said.

He said he knew of no medical reason why a doctor would need to "roll" a women's nipple as some of the complainants had described.

While it was not mandatory to have a nurse present during intimate examinations, it would normally be offered, Dr Drummond said.

The depositions, to decide if the Crown has a case which should go to trial, are being heard in front of Judge Rea and continue today.

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CAPTION:

SEX ACCUSED: The doctor (right) enters court yesterday, shielded by an umbrella.

Photo: MIKE SCOTT