Allegations of Sexual Abuse in NZ


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


Index 1.    Pretrial Reports

 




Taranaki Daily News
November 23 2005

NP doctor must face sex charges
by Jayne Hulbert

A New Plymouth doctor accused of multiple sex offences against his patients has been committed for trial in the High Court.

The doctor has been charged with sex offences against 10 women patients during medical consultations in the 1980s and 1990s.

Judge Rea yesterday decided there was sufficient evidence to send the case to trial, after a 1<<1/2>>-day depositions hearing in the New Plymouth District Court.

In court yesterday, the doctor denied 20 charges of indecent assault and two charges of sexual violation.

The 10 women complainants did not appear during the hearing, but had provided written evidence to the court. That evidence alleged the women had undergone prolonged and unnecessary intimate examinations.

Three witnesses for the Crown appeared at the hearing. They were independent medical expert John Drummond, the New Plymouth CIB officer in charge of the case, Detective Sergeant Debbie Gower, and the mother of one of the complainants, whose name is automatically suppressed.

The complainant, who was 15 when she first consulted the accused doctor, has alleged five indecent assaults took place during different examinations over a period of about a year, from 1983 to 1984.

On the stand yesterday, her mother told Crown prosecutor Cherie Clarke her then 16-year-old daughter, who had moved out of home, called her one evening, very upset.

"It was unusual for her to be in that state. She was crying and saying what had happened to her that day. About what (doctor's name) had done to her, and how he examined her, and I said to her that it was not right," she said.

She said her daughter claimed the doctor pushed his erect penis into her leg and fondled her breasts.

"She said she ran out crying and the nurse asked her what was wrong, but she was so upset she just ran out and then told a lady at work."

The mother told the court her daughter said to her later that the doctor had done something similar before.

While her daughter stopped seeing the doctor, the witness' elderly, unwell mother continued to see him. She said that during a visit to his practice with her mother, about a month after her daughter complained to her, the doctor had tried to talk to her.

She had remained in her car outside the surgery.

"He came out to see me. I wound up the window and turned the radio up, but I heard him say (her daughter's) name. But I drove off and left him standing on the side of the road."

The doctor's lawyer, Auckland QC Harry Waalkens, asked the witness if her daughter gave her any more details about the alleged incident.

"I can't remember everything that was said, but she didn't want to tell me more about it . . . . She was embarrassed."

The woman told Mr Waalkens she asked her daughter to ring the family's previous GP and talk to him about what had happened, which the girl did.

Complainants also described having to strip and stand naked in front of the doctor without being offered any covering, being asked intimate questions about their sex lives and having their nipples rubbed.

The doctor, who is still practising, but cannot carry out intimate examinations except in an emergency, was remanded on bail until February 8 for a High Court call-over in New Plymouth.

His name suppression continues.